GIFT  OF 


REVISED  SCHOOL  LAWS 


OF  THE 


STATE  OF  MISSOURI 


REVISED  STATUTES,  1909 
SESSION  ACTS  OF  1911 
AND  SESSION  ACTS  OF  1913 


With  Court  Decisions,  Forms  and  Comments  for 
the  Use  of  School  Officers 


PUBLISHED  ACCORDING  TO  LAW  BY  THE 

STATE  SUPERINTENDENT  OF  PUBLIC  SCHOOLS 

SECTION  10920 


REVISED  SCHOOL  LAWS 


OF   THE 


STATE  OF  MISSOURI 


REVISED  STATUTES,  1909 
SESSION  ACTS  OF  1911 
AND  SESSION  ACTS  OF  1913 


With  Court  Decisions,  Forms  and  Comments  for  the 
Use  of  School  Officers 


PUBLISHED  ACCORDING  TO  LAW  BY  THE 

STATE  SUPERINTENDENT  OF  PUBLIC  SCHOOLS 

SECTION  10920 


THE   PRESIDENTS    AND   SECRETARIES    OF   SCHOOL,  BOARDS   SHOULD   HAVE 

COPIES    AND    TURN    THEM    OVER    TO    THEIR    SUCCESSORS.      EVERY 

TEACHER    IS    ALSO    ENTITLED    TO    ONE    COPY,     WHICH 

SHOULD  BE  PLACED  IN  THE  DISTRICT  LIBRARY 

OR   FILED   WITH   THE   DISTRICT   CLERK. 


THE  HUGH  STEPHENS  PRINTING  COMPANY 

JEFFERSON   CITY,     MO. 


THIS  VOLUME  IS  STATE  PROPERTY 

AND  IS  FOR  THE  USE  OF 

of ,  district  No 

County  of ,  State  of  Missouri. 

School  officials,  on  retiring  from  office,  should  deliver  this 
volume,  with  all  other  books  and  documents  of  an  official  character, 
to  their  successors. 

The  teacher's  copy  should  be  kept  with  the  register  and  other 
school  records,  and  be  placed  in  the  school  library  at  the  close  of 
the  term,  or  filed  with  the  clerk,  who  will  deliver  same  to  teacher 
at  opening  of  next  term. 


(2) 


INTRODUCTORY. 


In  presenting  this  compilation  of  the  school  laws,  it  is  proper 
to  call  attention  to  some  important  legislation  passed  by  the  Forty- 
seventh  General  Assembly. 

For  years  the  feeling  had  been  growing  that  the  purpose  of  the 
State  school  fund  was  to  equalize  educational  opportunities  and 
educational  burdens,  and  to  stimulate  local  initiative  and  local- 
effort.  In  response  to  this  feeling  a  law  providing  State  aid  for 
high  schools  was  enacted,  and  the  law  providing  State  aid  to  rural 
schools  was  revised  so  as  to  reach  many  more  districts  and  the 
amount  of  aid  per  district  was  increased  from  $80.00  to  $100.00. 

The  strong  demand  for  rural  high  schools  was  met  by  the 
enactment  of  a  new  law  governing  the  organization  of  consolidated 
schools  and  rural  high  schools.  Twenty  new  districts  were  organ- 
ized under  this  law  in  the  first  three  months  of  its  operation. 

The  demand  for  better  trained  teachers  for  the  rural  schools 
led  to  the  enactment  of  a  law  providing  for  teacher-training  courses 
in,  first-class  high  schools. 

A  law  was  passed  providing  for  an  annual  convention  of  school 
board  members  and  officers  in  each  county. 

A  law  was  also  passed  permitting  district  ownership  of  text- 
books (free  textbooks)  whenever  a  majority  of  the  qualified  voters 
favor  such  ownership. 

A  law  was  passed  permitting  districts  to  provide  gratuitous 
instruction  for  children  between  the  ages  of  five  and  six  and  per- 
sons over  twenty  years  of  age,  provided  that  only  so  much  of  the 
school  "revenues  as  are  not  required  for  the  establishing  and  main- 
taining of  free  public  schools  in  such  school  district  for  the  gratui- 
tous instruction  of  persons  between  the  ages  of  six  any  twenty," 
may  be  used  for  this  purpose. 

WM.  P.  EVANS, 
State  Superintendent  of  Public  Schools. 

(3) 


293036 


REVISED 

SCHOOL   LAWS    OF  MISSOURI 

1913. 


CHAPTER  106. 


SCHOOLS. 

ARTICLE  I.  Classification  of  public  schools. 

II.  Laws  applicable  to  all  classes  of  schools. 

III.  Laws  applicable  to  common  schools. 

IV.  Laws  applicable  to  city,   town  and  consolidated  schools. 
V.  Laws  applicable  to  certain  school  districts. 

VI.  Compulsory  attendance  of  children. 

VII.  State  superintendent. 

VIII.  County  superintendents. 

IX.  Teachers'  certificates— how  obtained  or  revoked. 

X.  County  text-book  commission. 

XI.  State  board  of  education. 

ARTICLE  I. 

CLASSIFICATION   OF  PUBLIC   SCHOOLS. 

Sec.  10775.  Schools — classification  of. — The  public  schools  of 
this  state  are  hereby  classified  as  follows: 

First,  all  districts  having  only  three  directors  shall  be  known 
as  common  school  districts;  second,  all  districts  outside  of  incor- 
porated cities,  towns  and  villages,  which  are  governed  by  six 
directors,  shall  be  known  as  consolidated  school  districts ;  third,  all 
districts  governed  by  six  directors  and  in  which  is  located  any  city 
of  the  fourth  class,  or  any  incorporated  town  or  village,  shall  be 
known  as  town  school  districts,  and  fourth,  all  districts  in.  which 
is  located  any  city  of  the  first,  second  or  third  class  shall  be  known 
as  city  school  districts.  (R.  S.  1899,  §  9739,  amended,  L.  1909,  p. 
770.) 

School  districts  are  quasi  corporations.  52  Mo.  309;  54  Mo.  458.  Territory  outside 
of  corporate  limits  may  be  attached,  how.  53  Mo.  127;  60  Mo.  540;  65  Mo.  587.  School 
districts  not  subject  to  garnishment.  42  A.  460. 

A  school  district  is  not  "a  political  subdivision  of  the  State"  within  the  meaning 
of  section  12,  article  VI,  of  the  Constitution.  238  Mo.  407. 

When  a  new  district  is  formed  in  the  manner  provided  by  law,  the  matter  should 
be  reported  to  the  county  clerk,  and  by  him  to  the  county  court,  whose  duty  it  is  by 
qrder  made  of  record  to  denominate  and  number  the  same.  89  Mo.  158. 


Revised  School  Laws. 


ARTICLE  II. 

LAWS  APPLICABLE  TO  ALL  CLASSES  OF  SCHOOLS. 


SECTION 
10776.    School 


district   forfeits   its  organi- 
zation,   when   and   how— pupils   of 
certain    districts   may   be   sent   to  • 
other  districts,    when. 

10777.  School  loan— method  of  voting— sale 

of  bonds. 

10778.  Restrictions  on  loans. 

10779.  Renewal    funding   bonds,    issue   of. 

10780.  Exchange    and    sale    of    bonds— no 

commission   allowed. 

10781.  Redeemed  bonds  to  be  destroyed. 

10782.  Tax  levy  for  sinking  fund. 

10783.  Tax   levy   for  annual   interest. 

10784.  Care  of  property  and  purchase  of 

material. 

10785.  Rules    and     regulations— admission 

of  non-residents. 

10786.  Contagious  diseases   among  pupils. 

10787.  Employment  of  teachers. 

10788.  Contract  construed. 

10789.  Visitation  of  schools. 

10790.  Enumeration  lists. 

New  law.— Age  limit  law. 

10791.  Estimate. 

10792.  Condemnation  of  site. 

10793.  Separate  schools  for  white  and  col- 

ored  children. 

10794.  Schools  for  colored  children,  estab- 

lishment of. 

10795.  Colored    children— right    to    attend 

other   schools   in   county. 

10796.  Increase  of  tax  levy  for  maintain- 

ing schools. 

10797.  Increase   of   tax   levy   for   erecting 

schoolhouse. 

10798.  Notice  of  meeting  to  increase  tax 

levy. 

10799.  Special  meetings. 

10800.  School  day,  week,  month  and  year. 

10801.  Arbor  day. 

10802.  Injuring  school  property— failure  of 

certain  officers  to  perform  duty — 
penalty. 

10803.  School   moneys,    how  applied. 

10804.  Teachers— certificate  before  employ- 

ment. 

10805.  Teachers    and    directors    guilty    of 

misdemeanor,   when. 

10806.  Instruction   in   physiology   and   hy- 

giene. 


SECTION 

10807.    Register  of  attendance. 
County  school  funds. 
School    fund    not   to    be    loaned   to 
certain  persons— penalty. 

10810.  County   court   to    have   jurisdiction 

of  county  school  fund. 

10811.  Collection  of  fines  and  penalties  and 

other  school  moneys. 
10S12.    Township  school  fund,   source  of. 

10813.  Management  of  school  funds. 

10814.  Transfer    of    funds    when    county 

lines  are  changed. 

10815.  Capital  of  township  fund,   how  in- 

vested. 

10816.  Security  for  loans. 

10817.  Form  of  mortgage— notice  of  sale- 

fees,    how  paid. 

10818.  County    court    may    require    addi- 

tional security. 

10819.  County  court  may   make   order   of 

sale,    when. 

10820.  Receipts  for  principal  or  interest  of 

loan  paid. 

10821.  Authority  to  repossess  property  by 

purchase. 

10822.  Apportionment     of     public     school 

fund. 

10823.  Correction    of    error    in    apportion- 

ment—distribution of  funds. 

10824.  Distribution   of   funds  when   town- 

ship lies  in  two  counties. 

10825.  Duties  of  county  clerk— assessment 

of  estimates. 

10826.  Compensation   of   county    clerk   for 

labor  on  tax  books. 

10827.  Report  of  county  clerk  to  state  su- 

perintendent. 

10828.  Collector's  receipts  and  compensa- 

tion. 

10829.  Collections  of  delinquent  taxes. 

10830.  County  treasurers  and  their  duties. 

10831.  Settlement   of   county   or   township 

treasurer. 

10832.  Penalty  for  failure  to  make  settle- 

ment. 

10833.  Title  of  property. 

New     law. — Organization     of     new 
districts. 


Sec.  10776.  School  district  forfeits  its  organization,  when  and 
how — pupils  of  certain  districts  may  be  sent  to  other  districts, 
when. — Whenever  any  school  district  in  this  state,  now 'organized 
or  that  may  be  hereafter  organized  under  the  laws  of  this  state, 
shall  fail  or  refuse,  for  the  period  of  one  year,  to  provide  for  an 


Revised  School  Laws.  7 

eight  months'  school  in  such  year,  provided  a  levy  of  forty  cents 
on  the  one  hundred  dollars'  valuation,  together  with  the  public 
funds  and  cash  on  hand,  will  enable  them  to  have  so  long  a  term, 
the  same  shall  be  deemed  to  have  lapsed  as  a  corporate  body,  and 
the  territory  theretofore  embraced  within  such  lapsed  district 
shall  be  deemed  and  taken  as  unorganized  territory,  and  the  same, 
or  any  portion  thereof,  may  be  attached  to  any  adjoining  district  or 
districts  for  school  purposes,  in  the  same  manner  as  is  now  provided 
in  section  10836:  Provided,  that  no  school  district  shall  be  deemed 
to  have  lapsed  where  the  failure  to  make  the  needed  provision  for 
the  eight  months  of  school  results  from  the  irregular  or  void  pro- 
ceedings had  for  that  purpose:  Provided,  that  in  any  district 
enumerating  fewer  than  twenty-five  children,  the  board  may,  from 
year  to  year,  arrange  with  the  board  or  boards  of  other  district  or 
districts  for  the  admission  of  all  children  of  school  age  in  said  dis- 
trict containing  fewer  than  twenty-five  children  enumerated,  and, 
if  desired,  arrange  for  transporting  children  to  and  from  school. 
And,  when  ratified  by  a  two-thirds  vote  of  the  qualified  voters  of 
said  school  district,  voting  at  a  special  meeting,  such  arrangements 
shall  be  final,  and  the  board  will  be  authorized  to  issue  warrants 
upon  the  teachers'  fund  for  payment  of  tuition,  and  upon  the  inci- 
dental fund  for  the  payment  of  cost  of  transporting  pupils.  (R. 
S.  1899,  §  9741,  amended,  L.  1907,  p.  770.) 

If  a  district  maintains  a  shorter  term  than  eight  months,    it  must  show  that  It 
used  a  forty-cent  levy,   together  with  the  public  funds  and  cash  on  hand. 

FREE    TRANSPORTATION    OF    PUPILS.     [NEW    SECTION.] 

Section  1.  Free  transportation  of  pupils — how  obtained — by 
whom  paid. — Whenever  the  board  of  directors  of  any  school  district 
or  board  of  education  of  a  consolidated  district  shall  deem  it  ad- 
visable, or  when  they  shall  be  requested  by  a  petition  of  ten  tax- 
payers of  such  district,  to  provide  for  the  free  transportation  to 
and  from  school,  at  the  expense  of  the  district,  of  pupils  living 
more  than  one-half  mile  from  the  schoolhouse,  for  the  whole  or 
for  part  of  the  school  year,  said  board  of  directors,  or  board  of 
education  shall  submit  to  the  qualified  voters  of  such  school  dis- 
trict, who  are  taxpayers  in  such  district,  at  an  annual  meeting  or 
a  special  meeting,  called  and  held  for  that  purpose,  the  question  of 
providing  such  transportation  for  the  pupils  of  such  school  district: 
Provided,  that  when  a  special  meeting  is  called  for  this  purpose,  a 
due  notice  of  such  meeting  shall  be  given  as  provided  for  in  section 
10799.  If  (a)  two-thirds  of  the  voters,  who  are  taxpayers,  vot- 
ing at  such  election,  shall  vote  in  favor  of  such  transportation  of 
pupils  of  said  school  district,  the  board  of  directors  or  board  of 
education,  shall  arrange  for  and  provide  such  transportation.  The 
board  of  directors  or  board  of  education  shall  have  authority  and 
are  empowered  to  make  all  needful  rules  and  regulations  for  the 
free  transportation  of  pupils  herein  provided  for,  and  are  author- 


8  Revised  School  Laws. 

ized  to  and  shall  require  from  every  person,  employed  for  that  pur- 
pose, a  reasonable  bond  for  the  faithful  discharge  of  his  duties,  as 
prescribed  by  the  board.  Said  board  of  directors  or  board  of  edu- 
cation shall  pay  by  warrant  the  expenses  of  such  transportation  out 
of  the  incidental  fund  of  the  district.  (Session  Acts,  1911.) 

Sec.  10777.     School  loan — method  of  voting — sale  of  bonds. 

For  the  purpose  of  purchasing  schoolhouse  sites,  erecting  school- 
houses,  library  buildings  and  furnishing  the ,  same,  and  building 
additions  to  or  repairing  old  buildings,  the  board  of  directors  shall 
be  authorized  to  borrow  money,  and  issue  bonds  for  the  payment 
thereof,  in  the  manner  herein  provided.  The  question  of  loan  shall 
be  decided  at  an  annual  school  meeting  or  at  a  special  election  to 
be  held  for  that  purpose.  Notice  of  said  election  shall  be  given  at 
least  fifteen  days  before  the  same  shall  be  held,  by  at  least  five 
written  or  printed  notices,  posted  in  five  public  places  in  the  school 
district  where  said  election  shall  be  held,  and  the  amount  of  the 
loan  required,  and  for  what  purposes;  it  shall  be  the  duty  of  the 
clerk  to  sign  and  post  said  notices.  The  qualified  voters  at  said 
election  shall  vote  by  ballot.  Those  voting  in  favor  of  the  loan 
shall  have  written  or  printed  on  their  tickets,  "For  the  loan ;"  those 
voting  against  the  loan,  the  words  "Against  the  loan ;"  and  if  two- 
thirds  of  the  votes  cast  shall  be  "for  the  loan,"  the  district  board 
shall  be  vested  with  the  power  to  borrow  money,  in  the  name 
of  the  district,  to  the  amount  and  for  the  purpose  specified  in  the 
notices  aforesaid,  subject  to  the  restrictions  of  the  following  sec- 
tion. When  bonds  are  voted  under  this  section  for  the  erection  of  one 
or  more  schoolhouses,  to  be  erected  on  the  same  or  different  sites  in 
common  school  districts,  said  bonds  shall  not  be  negotiated  by  said 
board  until  said  bonds  have  been  deposited  with  the  county  or  town- 
ship in  which  said  district  shall  be  situated,  and  upon  the  order  of 
said  board,  and  the  payment  to  the  county  or  township  treasurer 
of  the  amount  agreed  to  be  received  for  the  same  by  said  board, 
from  the  persons  loaning  said  money  upon  said  bonds.  The  county 
or  township  treasurer  shall  countersign  said  bonds  and  deliver  the 
same  to  the  person  or  persons  named  by  said  board  of  directors; 
but  no  such  bonds  shall  be  sold  for  such  an  amount  that  the 
net  proceeds,  after  deducting  expenses  and  commissions  from  the 
same,  shall  be  less  than  ninety  cents  on  the  dollar  of  the  face 
value  thereof,  and  all  renewal  funding  bonds  issued  by  such  dis- 
tricts, to  be  exchanged  for  outstanding  bonds  of  said  districts,  or 
for  the  purpose  of  being  sold  to  raise  sufficient  funds  to  pay  any 
outstanding  bonds  thereof,  shall  not  be  exchanged,  negotiated  or 
sold  by  the  board  of  directors  of  said  districts  except  as  above  pro- 
vided, and  not  until  the  purchase  price  thereof,  or  the  bonds  to  be 
exchanged  therefor,  shall  be  turned  over  to  the  county  or  township 
treasurer;  and  said  treasurer  shall  write  or  print  the  words  "Paid 
by  renewal  bonds"  across  the  face  of  said  bonds  so  received  in 
exchange,  and  sign  the  same  before  delivering  the  said  renewal 


Revised  School  Laws.  9 

bonds  to  said  board.  The  said  county  or  township  treasurer  and 
his  securities  shall  be  responsible,  on  his  official  bond,  for  all 
moneys,  bonds  or  securities  received  by  him  under  this  section. 
(Session  Acts,  1911.) 

The  above  section  and  the  one  which  follows  were  passed  by  the  Forty-sixth 
general  assembly  on  the  same  day  and  signed  by  the  governor  on  the  same  day.  They 
should  be  construed  together. 

Sec.  10777.     School  loan — method  of  voting — sale  of  bonds. 

For  the  purpose  of  purchasing  schoolhouse  sites,  erecting  school- 
houses  and  furnishing  the  same,  and  building  additions  to  or  re- 
pairing old  buildings,  the  board  of  directors  shall  be  authorized 
to  borrow  money,  and  issue  bonds  for  the  payment  thereof,  in  the 
manner  herein  provided.  The  question  of  loan  shall  be  decided  at 
an,  annual  school  meeting  or  at  a  special  election  to  be  held  for  that 
purpose.  Notice  of  said  election  shall  be  given  at  least  fifteen  days 
before  the  same  shall  be  held,  by  at  least  five  written  or  printed 
notices,  posted  in  five  public  places  in  the  school  district  where  said 
election  shall  be  held,  and  the  amount  of  the  loan  required,  and 
for  what  purposes.  It  shall  be  the  duty  of  the  clerk  to  sign  and 
post  said  notices.  The  qualified  voters  at  said  election  shall  vote 
by  ballot.  Those  voting  in  favor  of  the  loan  shall  have  written 
or  printed  on  their  tickets,  "For  the  loan;"  those  voting  against 
the  loan,  the  words  "Against  the  loan;"  and  if  two-thirds  of  the 
votes  cast  on  the  proposition  shall  be  "for  the  loan,"  the  district 
board  shall  be  vested  with  the  power  to  borrow  money,  in  the  name 
of  the  district,  to  the  amount  and  for  the  purpose  specified  in  the 
notices  aforesaid,  subject  to  the  restrictions  of  the  following  sec- 
tion. When  bonds  are  voted  under  this  section  for  the  erection  of 
one  or  more  schoolhouses,  to  be  erected  on  the  same  or  different 
sites  in  common  school  districts,  said  bonds  shall  not  be  negotiated 
by  said  board  until  said  bonds  have  been  deposited  with  the  county 
or  township  treasurer  of  the  county  or  township  in,  which  said  dis- 
trict shall  be  situated,  and  upon  the  order  of  said  board,  and  the 
payment  to  the  county  or  township  treasurer  of  the  amount  agreed 
to  be  received  for  the  same  by  said  board  from  the  person  loaning 
said  money  upon  said  bonds.  The  county  or  township  treasurer 
shall  countersign  said  bonds  and  deliver  the  same  to  the  person  or 
persons  named  by  said  board  of  directors ;  but  no  such  bonds  shall 
be  sold  for  such  an  amount  that  the  net  proceeds,  after  deducting 
expenses  and  commissions  from  the  same,  shall  be  less  than  ninety 
cents  on  the  dollar  of  the  face  value  thereof,  and  all  renewal  fund- 
ing bonds  issued  by  such  districts  to  be  exchanged  for  outstand- 
ing bonds  of  said  districts,  or  for  the  purpose  of  being  sold  to  raise 
sufficient  funds  to  pay  any  outstanding  bonds  thereof,  shall  not 
be  exchanged,  negotiated  or  sold  by  the  board  of  directors  of  said 
districts  except  as  above  provided,  and  not  until  the  purchase  price 
thereof,  or  the  bonds  to  be  exchanged  therefor,  shall  be  turned  over 
to  the  county  or  township  treasurer ;  and  said  treasurer  shall  write 
or  print  the  words  "Paid  by  renewal  bonds"  across  the  face  of  said 


10  Revised  School  Laws. 

bonds  so  received  in  exchange  and  sign  the  same  before  delivering 
the  said  renewal  bonds  to  said  board.  The  said  county  or  township 
treasurer  and  his  sureties  shall  be  responsible  on  his  official  bond, 
for  all  moneys,  bonds  or  securities  received  by  him  under  this 
section.  (Session  Acts,  1911.) 

No  petition  is  necessary  to  call  election  to  vote  bonds  under  this  section.  Richard- 
son v.  McReynolds,  114  Mo.  641.  Board  may  issue  bonds  for  a  less  sum  than  amount 
authorized  by  vote ;  and  also  may  issue  renewal  bonds  for  a  larger  sum  than  voted 
when  necessary  to  cover  accrued  interest  on  first  bonds.  Bauer  v.  District,  78  A.  442. 
The  payment  of  a  commission  which  "reduces  net  proceeds  of  bonds  to  89  cents  on  the 
dollar  while  not  authorized  does  not  render  such  bonds  void.  The  Franklin,  etc.,  v. 
Roscoe,  75  Mo.  408.  Recital  in  bonds  that  law  governing  their  issue  has  been  com- 
plied with  is  not  evidence  of  that  fact  and  does  not  estop  district  from  contesting 
them.  Heard  v.  District,  45  A.  661;  Thornburg  v.  District,  175  Mo.  12.  When  record 
of  district  fails  to  affirmatively  show  that  an  election  was  ordered  and  a  day  fixed 
by  the  board  to  vote  on  the  proposition  to  borrow  money  and  issue  bonds,  the  bonds 
are  void.  Thornburg  v.  District,  175  Mo.  12. 

There  are  two  methods  of  securing  a  building  fund :  (1)  By  a  sale  of  bonds  under 
section  10777;  (2)  by  levy  for  building  purposes,  under  section  10797.  Neither  requires 
a  petition  of  taxpayers  or  voters.  In  either  case,  the  board  of  directors  may  take  the 
initiative.  114  Mo.  641.  Under  section  10797,  the  board  shall  proceed  to  determine  the 
rate  of  taxation  necessary  for  building  purposes  when  "requested  by  petition  of  ten 
taxpayers  of  any  school  district."  Both  sections  apply'  to  all  classes  of  school  dis- 
tricts—to city,  town,  consolidated,  and  to  common  school  districts  with  three  directors. 
Again,  both  the  loan  and  the  levy  for  building  purposes  may  be  voted  upon  at  either 
an  annual  or  special  meeting.  In  both  cases  notice  is  required.  In  both  cases,  to 
carry  the  proposition,  it  is  necessary  that  two-thirds  of  the  qualified  voters  voting 
on  the  proposition  vote  therefor. 

It  often  happens  that  the  question  of  loan  is  submitted  at  an  election  where 
several  other  questions  are  voted  upon,  and  the  number  of  votes  cast  upon  the  loan 
falls  considerably  short  of  the  number  who  vote  on  the  various  propositions  sub- 
mitted at  the  election.  For  instance,  only  thirty  persons  vote  on  the  question  of  loan, 
while  forty  may  vote  upon  some  other  proposition  submitted  at  the  election.  In  this 
case,  two-thirds  of  the  thirty  votes,  twenty  votes,  would  carry  the  bond  proposition, 
instead  of  two-thirds  of  the  forty  votes  cast  on  other  questions.  The  state  auditor 
registers  bonds  which  receive  two-thirds  of  the  votes  cast  on  question  of  loan. 

Note  that  section  10777  requires  the  notices  to  state  "the  amount  of  the  loan 
required  and  for  what  purposes."  School  boards  and  annual  meetings  sometimes  desire 
to  vote  upon  a  loan  smaller  than  that  stated  in  the  notices.  It  is  evident  that  this 
cannot  be  legally  done.  If  so,  why  require  the  amount  stated  in  the  notices?  Again, 
the  tickets  cast  have  on  them  "Against  the  loan,"  or,  "For  the  loan."  Against  or  for 
what  loan,  if  not  the  one  stated  in  the  notices?  Again,  if  the  proposition  carries,  the 
board  shall  be  vested  with  the  power  to  borrow  money  "to  the  amount  and  for  the 
purpose  specified  in  the  notices  aforesaid."  To  what  amount,  if  not  the  one  stated 
in  the  notices? 

School  boards  should  be  careful  to  observe  the  provisions  of  section  1275,  R.  S. 
1909,  in  negotiation  of  bonds  for  the  purpose  of  building  schoolhouses,  or  for  any 
other  purpose,  in  order  that  the  same  may  obtain  validity.  This  section  requires  that 
the  bond  shall  bear  the  endorsement  of  the  state  auditor,  who  is  entitled  to  receive 
from  the  board  all  the  necessary  certificates  and  copies  of  record  evidencing  a  full 
compliance  with  the  law  governing  their  issuance,  which  evidence  is  to  be  filed  and 
preserved  in  his  office.  Upon  request  the  state  auditor  will  furnish  necessary  blanks, 
which  will  enable  the  board  to  carry  out  the  provisions  of  this  section. 

The  state  superintendent  .cannot  furnish  blank  school  bonds.  They  may  be  ob- 
tained from  any  printing  or  stationery  house  dealing  in  official  blanks,  as  George  D. 
Barnard  &  Co.,  August  Gast  &  Co..  and  Heinicke-Fiegel  Lithographing  Co.,  all  of 
St.  Louis. 


Revised  School  Laws.  11 

FORM  OF  NOTICE  OF  SPECIAL,  SCHOOL,  ELECTION. 

Notice   is  hereby  given   to  the  qualified  voters  of  school  district  No.  1,    of  

county,   Missouri,   that  a  special  school  election  will  be  held  at  the  schoolhouse  in  said 

school  district,  on  ,  the  —    —  day  of ,  191—,  commencing  at  2  o'clock  p.  m.,  to 

vote  upon  the  following  propositions : 

1.  To  authorize  the  school  board  to  issue  bonds  to  the  amount  of  thouso.nd 

dollars   ($ ),  for  the  erection  of  a  school  building  and  the  purchase  of  a  school  site. 

2.  To  select  —    —  acres  of  land  located  (describe  land)  •  as  a  school  site  for 

the  school  building. 

Done  by  order  of  the  school  board  this  day  of  ,   191.—. 

,  Secretary  of  School  Board. 

Sec.  10778.  Restrictions  on  loans. — The  loan  authorized  by 
the  preceding  section  shall  not  be  contracted  for  a  longer  period 
than  twenty  years,  and  the  entire  amount  of  said  loan  shall  at  no 
time  exceed,  including  the  present  indebtedness  of  said  district,  in. 
the  aggregate  five  per  cent,  of  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  assessment  next  befoite  the  last 
assessment  for  state  and  county  purposes  previous  to  the  incurring 
of  said  indebtedness,  the  rate  of  interest  to  be  agreed  upon  by  the 
parties,  but  in  no  case  to  exceed  the  highest  legal  rate  allowed  by 
contract ;  when  effected,  it  shall  be  the  duty  of  the  directors  to  pro- 
vide for  the  collection  of  an  annual  tax  sufficient  to  pay  the  interest 
on  said  indebtedness  as  it  falls  due,  and  also  to  constitute  a  sinking 
fund  for  the  payment  of  the  principal  thereof  within  the  time  said 
principal  shall  become  due.  (R.  S.  1899,  §  9753,  re-enacted,  L. 
1909,  p.  770.) 

When  a  district  authorized  the  issue  of  bonds  in  excess  of  the  five  per  cent,  limit 
recited  in  this  section  and  in  section  12,  article  X  of  Constitution,  all  of  such  issue  is 
void,  notwithstanding  the  district  received  the  proceeds  thereof.  Thornburg  v.  District 
Three,  175  Mo.  12.  When  bonds  are  legally  voted  and  issued  no  subsequent  assent  of 
voters  is  necessary  to  authorize  tax  levy  to  meet  annual  interest  and  create  sinking 
fund  to  pay  such  bonds.  Benton  v.  Scott,  168  Mo.  378;  Evans  v.  West  Plains,  186 
Mo.  703.  The  validity  of  the  organization  of  a  district  cannot  be  raised  by  suit  to 
enjoin  collection  of  taxes,  nor  can  the  payment  of  illegal  taxes  be  resisted  without 
first  paying  or  tendering  such  taxes  as  are  legally  due.  Burnham  v.  Rogers,  167  Mo. 
17;  Black  v.  Early,  208  Mo.  281.  A  failure  to  provide  a  sinking  fund  for  payment  of 
bonds  does  not  affect  their  validity.  Bauer  v.  District,  78  A.  442. 

Irregularity  in  the  issuing  of  bonds  cannot  affect  an  innocent  holder.    45  A.  660. 

This  section  imposes  two  restrictions :  First,  as  to  the  period  for  which  the  loan 
may  be  effected ;  and,  second,  as  to  the  amount.  The  limitation  on  the  amount  of  the 
loan— five  per  cent,  of  the  value  of  taxable  property— is  a  constitutional  limitation 
(article  X,  section  12  of  Constitution  of  1875).  "The  highest  legal  rate  of  interest 
allowed  by  contract,"  spoken  of  in  this  section,  is  eight  per  cent. 

Sec.  10779.  Renewal  funding  bonds,  issue  of. — The  board  of 
directors  of  any  school  district,  organized  under  any  general  or 
special  law  of  this  state,  is  hereby  authorized  to  issue  funding  and 
refunding  bonds  for  the  district,  to  be  exchanged  for  outstanding 
bonds  of  the  district,  or  sold  for  the  purpose  of  meeting  and  paying 
any  matured  or  maturing  bonded  indebtedness  thereof.  Each  bond 
shall  be  of  the  denomination  of  not  more  than  one  thousand  nor 
not  less  than  one  hundred  dollars,  an.d  shall  bear  interest  not  to 


12  Revised  School  Laws. 

exceed  eight  per  cent,  per  annum,  and  such  interest  shall  be  payable 
semi-annually,  and  to  this  end  each  bond  shall  have  semi-annual 
coupons  attached  thereto  and  be  made  payable  to  bearer:  Provided, 
that  no  bonds  issued  under  this  section  shall  be  payable  in  less  than 
five  years  nor  more  than  thirty  years  from  the  date  thereof,  and 
shall  be  payable,  principal  and  interest,  in  the  city  of  St.  Louis  or 
the  city  of  New  York,  at  the  option  of  the  board  of  directors,  or  as 
may  be  agreed  upon,  by  such  board  of  directors  and  the  purchaser 
of  such  bonds.  Such  board  of  directors  shall  be  empowered  to 
prepare  and  issue  from  time  to  time  such  number  of  renewal  bonds 
as  may  be  necessary  for  the  objects  and  purposes  of  this  law,  and 
each  bond  shall  be  signed  by  the  president,  countersigned  by  the 
secretary  or  clerk,  and  authenticated  by  the  seal  of  such  board 
of  directors,  if  there  be  one ;  and  shall  also  be  attested  by  the  clerk 
of  the  county  court  of  the  county  in  which  such  district  is  located, 
and  he  shall  put  the  seal  of  said  court  on  each  of  said  bonds.  The 
secretary  or  clerk  of  the  board  of  directors  shall  keep  a  record  in 
the  books  of  the  school  district  of  all  the  renewal  bonds  that  may 
be  issued  by  the  board  of  directors  under  the  provisions  of  this 
chapter,  noting  the  date  when  issued  and  when  due,  and  also  the 
number  and  amount  of  each  bond  so  issued,  and  shall  also  keep  a 
full  record  of  all  transactions  that  may  be  necessary  for  the  identifi- 
cation of  such  bonds.  (R.  S.  1899,  §  9754,  amended,  L.  1909,  p. 
770.) 

This  section  applies  to  the  bonds  legally  issued  by  district  organized  under  special 
law.  The  St.  Joseph,  etc.,  v.  Gaylord,  86  Mo.  401.  If  there  be  unpaid  interest  on 
original  bonds  new  bonds  may  be  issued  to  cover  both  principal  and  interest  of  such 
old  bonds.  Bauer  v.  District,  78  A.  442. 

School  board  has  authority  to  issue  bonds  to  raise  money  to  build  schoolhouse ; 
also  to  issue  renewal  refunding  bonds.  86  Mo.  401. 

Sec.  10780.  Exchange  and  sale  of  funding  bonds — no  commis- 
sion allowed. — Boards  of  directors  are  empowered  to  exchange  the 
aforesaid  bonds  for  any  bonds  that  may  now  be  outstanding  against 
any  school  district-  so  indebted ;  but  no  renewal  bonds  shall  be  ex- 
changed for  any  outstanding  bond  for  a  sum  less  than  ninety  cents 
on  the  dollar  of  its  face  value.  Said  boards  of  directors  shall  also 
be  empowered  to  sell  such  renewal  bonds  for  cash  if,  in  their  judg- 
ment, it  will  be  to  the  interest  of  such  school  district ;  but  no  com- 
mission shall  be  allowed  or  cost  incurred  in  the  exchange  or  sale  of 
said  bonds  which  will  reduce  the  net  proceeds  of  the  same  to  a  less 
amount  than  ninety  cents  on  the  dollar,  and  all  sums  of  money 
realized  from  the  sale  of  said  renewal  bonds  shall  be  used  in  the 
redemption  of  outstanding  bonds  of  the  school  district.  (R.  S. 
1899,  §  9755,  amended,  L.  1909,  p.  770.) 

Payment  of  a  commission  which  reduced  net  proceeds  below  90  cents  on  dollar  Is 
illegal,  but  does  not  render  bonds  void.  The  Franklin,  etc.,  v.  Roscoe.  75  Mo.  408. 

.  Sec.  10781.  Redeemed  bonds  to  be  destroyed. — Whenever  any 
bonds  shall  be  redeemed,  as  provided  for  in  this  chapter,  such  bonds 


Revised  School  Laws.  13 

shall  be  burned  in  the  presence  of  a  majority  of  the  members  of  the 
board  of  directors,  and  two  other  credible  persons  as  witnesses  of 
the  fact,  and  the  secretary  or  clerk  of  the  board  of  directors  shall 
record  in  the  books  of  the  school  district  a  description  of  the  bonds 
so  destroyed  by  noting  the  date  when  issued  and  when  due,  and  the 
number  and  amount  of  each  of  said  bonds,  and  specify  what  mem- 
bers of  the  board  of  directors,  and  who  as  witnesses,  were  present 
at  the  burning  of  said  bonds.  (R.  S.  1899,  §  9756,  amended,  L. 
1909,  p.  770.) 

When  bonds  payable  to  bearer  are  redeemed  before  maturity  and  instead  of  burn- 
ing same  the  board  allows  them  to  remain  in  hands  of  its  agent,  who  fraudulently 
sells  them  to  an  innocent  purchaser,  the  district  will  have  to  pay  them  again.  Fogg 
v.  District,  75  A.  159. 

Bonds  due  in  twenty  years,  but  redeemable  after  five  years,  are  negotiable. 
75  A.  159. 

Sec.  10782.  Tax  levy  for  sinking  fund. — Boards  of  directors 
are  hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax, 
not  to  exceed  two-fifths  of  one  per  cent.,  upon  all  the  taxable  prop- 
erty of  the  school  district  at  its  assessed  valuation,  said  tax  to  be 
levied  and  collected  in  the  same  manner  as  other  taxes  for  school 
purposes;  and  the  money  arising  from  said  tax  shall  constitute  a 
sinking  fund,  and  shall  be  used  only  for  the  redemption  of  any 
outstanding  bonds  of  such  district:  Provided,  that  if  such  out- 
standing bonds  cannot  be  obtained,  then  such  money  shall  be  in- 
vested in  United  States  bonds  or  bonds  of  the  state  of  Missouri,  or, 
if  at  any  time  the  board  of  directors  deem  it  advisable,  they  may 
loan  such  money  at  the  same  rate  of  interest  and  in.  the  same 
manner  and  subject  to  the  same  restrictions  as  to  security  as  the 
township  school  funds  are  loaned,  until  such  time  as  said  outstand- 
ing bonds  can  be  obtained.  (R.  S.  1899,  §  9757,  amended,  L.  1909, 
p.  .770.) 

When  bonds  are  legally  issued  no  vote  of  district  is  necessary  to  authorize  the 
tax  estimates  for  annual  interest  and  for  sinking  funds.  K.  C.,  F.  S.  &  M.  R.  R.  Co. 
v.  Chapin,  162  Mo.  409 ;  Benton  v.  Scott,  168  Mo.  378 ;  Evans  v.  West  Plains,  186  Mo.  203. 
Illegal  taxes  cannot  be  resisted  without  paying  such  taxes  as  are  legal.  Black  v. 
Early,  208  Mo.  281.  The  maximum  rate  of  levy  for  sinking  fund  is  forty  cents  on  the 
one  hundred  dollars'  assessed  valuation.  As  provided  in  the  following  section  there 
may  also  be  levied  in  addition  to  the  forty  cents  a  rate  sufficient  to  provide  the  neces- 
sary funds  for  the  payment  of  the  annual  interest  on  all  bonds  of  the  district  out- 
standing. 

Sec.  10783.  Tax  levy  for  annual  interest. — Boards  of  directors 
are  hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax 
upon  all  the  taxable  property  of  the  school  district  at  its  assessed 
valuation,  said  tax  to  be  levied  and  collected  as  other  taxes  for 
school  purposes — said  tax  to  be  sufficient  in  amount  to  pay  the 
annual  interest  on  all  bonds  of  their  respective  districts,  and  to 
pay  for  the  printing  or  engraving  of  any  bonds  that  may  be  issued 
by  virtue  of  this  chapter.  (R.  S.  1899,  §  9758,  amended,  L.  1909, 
p.  770.) 


14  Revised  School  Laws. 

All  cases  cited  under  section  10782  apply  to  this  section. 

Officers  of  corporation  in  possession  of  their  offices  are  presumed  to  be  regularly 
elected  and  entitled  to  hold  until  contrary  be  shown.  44  Mo.  154.  A  person  derives 
his  title  to  an  office  by  his  election.  44  Mo.  223.  Official  character  of  school  directors, 
how  proven.  27  Mo.  251. 

Sec.  10784.     Care  of  property  and  purchase  of  material. — The 

board  of  directors  shall  have  the  care  and  keeping  of  all  the  prop- 
erty belonging  to  the  district,  and  shall  provide  the  necessary  globes, 
maps,  charts,  apparatus  and  material  for  the  use  of  the  school. 
The  board  shall  keep  the  schoolhouse  and  other  buildings  in  good 
repair,  the  grounds  belonging  thereto  in  good  condition,  and  shall 
provide  fuel,  heating  apparatus  and  all  other  material  and  ap- 
pliances necessary  for  the  proper  heating,  lighting,  ventilation  and 
sanitation  of  the  schoolhouse;  shall  have  the  floors  swept  and  the 
fires  made  at  the  expense  of  the  district,  and  cause  an  accurate  ac- 
count of  the  expense  thereof  to  be  kept  and  a  report  of  the  same 
to  be  made  at  the  next  annual  meeting.  The  board  of  directors 
shall  not  allow  the  use  of  the  schoolhouse  or  school  premises  for 
religious,  literary  or  other  public  purposes,  or  for  the  meeting  of 
any  farmer  or  labor  organization,  secret  or  otherwise,  except  when 
such  use  shall  be  demanded  by  a  majority  of  the  voters  of  the 
district  at  any  annual  or  special  meeting:  Provided,  that  when 
the  use  of  the  schoolhouse  and  school  premises  is  allowed  for  the 
above  named  purposes,  they  may  be  so  used  until  the  next  annual 
meeting,  and  it  shall  be  the  duty  of  the  person  or  persons  so  using 
them  to  keep  them  clean  and  in  good  repair,  and  to  leave  them 
in.  as  good  condition  as  they  were  when  they  took  charge  of  them: 
Provided  further,  that  should  the  person  or  persons  so  using  the 
schoolhouse  and  school  premises  fail  to  comply  with  the  provisions 
of  this  section,  the  board  of  directors  of  such  district  may  refuse 
further  use  of  them  until  said  provisions  are  complied  with.  (R. 
S.  1899,  §  9763,  amended,  L.  1909,  p.  770.) 

In  making  contract  for  the  district  the  board  must  strictly  follow  the  statute.  If 
the  contract  is  not  in  writing  no  recovery  can  be  had  for  services  rendered  or  materials 
furnished  under  same.  The  teacher  cannot  bind  the  district  for  services  of  a  janitor, 
and  all  contracts  made  with  the  directors  when  not  assembled  as  a  board  are  void. 
Taylor  v.  District,  60  A.  372;  Kane  v.  Calhoun,  48  A.  408;  State  ex  rel.  v.  Lawrence, 
178  Mo.  350.  The  proceedings  of  board  at  a  meeting  held  outside  of  the  district  arc 
void.  State  ex  rel.  v.  Kessler,  136  A.  236. 

The  district  will  not  be  bound  by  an  entry  on  its  records  showing  the  acceptance 
of  a  written  proposition  unless  such  record  shows  the  proposition  was  accepted  in  the 
form  it  was  made.  Perkins  v.  District,  99  Mo.  483.  See  section  2778,  requiring  all 
contracts  by  districts  to  be  in  writing. 

Where  furniture  of  school  district  remains  in  schoolhouse  and  the  key  in  posses- 
sion of  the  trustees,  they  are  in  possession  of  the  schoolhouse.  27  Mo.  251.  Board  of 
directors  cannot  authorize  schoolhouse  to  be  used  for  purposes  of  teaching  a  Sunday 
school.  67  Mo.  301.  Directors  acting  separately  and  apart  cannot  bind  district.  67  Mo. 
319.  Acts  of  directors  to  bind  corporations  must  be  done  in  their  official  capacity. 
26  Mo.  102.  Proceedings  of  board  of  school  directors  must  be  shown  by  their  record. 
48  A.  408.  No  action  can  be  maintained  against  school  district  upon  an  order  drawn 
upon  treasurer  by  one  or  more  of  the  directors  of  the  district.  67  Mo.  319.  By  this 
section  the  board  has  full  care  of  the  school  buildings  and  all  other  property  belonging 


Revised  School  Laws.  15 

to  the  district,  and  is  empowered  and  directed  to  provide  all  necessary  supplies,  keep 
the  house  in  good  repair  and  cause  the  floors  to  be  cleaned  and  fires  made  at  the  expense 
of  the  district.  Under  supplies  the  board  may  purchase  out  of  the  incidental  funds  a 
small  amount  of  supplementary  reading  which  is  as  necessary  to  the  success  of  the 
school  as  blackboards  and  crayons,  and  more  necessary  than  maps  and  charts. 

In  exercising  their  right  to  enter  into  contracts  binding  upon  the  district,  the 
board  of  directors  is  confined  to  the  manner  and  the  conditions  required  by  the  terms 
of  the  statute.  The  purpose  of  these  requirements  is  that  the  terms  of  the  contract 
shall  in  no  essential  particular  be  left  in  doubt,  or  to  be  determined  at  some  other 
time.  If  a  person  can,  without  such  contract,  bind  the  district  impliedly  for  the  value 
of  his  services,  he  would  defeat  the  purpose  of  the  legislature  in  enacting  the  law. 

The  law  will  not  make  that  valid  without  writing  which  it  requires  to  be  in 
writing.  30  A.  456. 

"No  power  exists  in  the  board  of  school  directors  to  rent  buildings  or  rooms 
separate  from  the  schoolhouse  and  employ  a  teacher  for  a  supplementary  school 
therein."  50  A.  39. 

Boards  of  school  directors  should  be  careful  to  see  that  the  provisions  of  this 
section  are  properly  complied  with  when  the  school  building  is  allowed  to  be  used  for 
other  than  school  purposes,  for  fear  of  vitiating  their  insurance. 

When  a  majority  of  the  voters  at  any  special  or  annual  school  meeting  demand 
the  use  of  the  schoolhouse  for  any  public  purpose,  this  vote  binds  the  school  district 
until  the  next  annual  school  meeting. 

Board  of  directors  has  right  under  certain  circumstances  to  reject  any  and  all 
bids,  and  no  action  for  damages  arises.  122  Mo.  61. 

Sec.  10785.  Rules  and  regulations — admission  of  nonresi- 
dents.— The  board  shall  have  power  to  make  all  needful  rules  and 
regulations  for  the  organization,  grading  and  government  in  their 
school  district — said  rules  to  take  effect  when  a  copy  of  the  same, 
duly  signed  by  order  of  the  board,  is  deposited  with  the  district 
clerk,  whose  duty  it  shall  be  to  transmit  forthwith  a  copy  of  the 
same  to  the  teachers  employed  in  the  schools;  said  rules  may  be 
amended  or  repealed  in  like  manner.  They  shall  also  have  the 
power  to  suspend  or  expel  a  pupil  for  conduct  tending  to  the 
demoralization  of  the  school,  after  notice  and  a  hearing  upon 
charges  preferred,  and  may  admit  pupils  not  residents  within  the 
district,  and  prescribe  the  tuition  fee  to  be  paid  by  the  same: 
Provided,  that  the  following  children,  if  they  be  unable  to  pay 
tuition,  shall  have  the  privilege  of  attending  school  in  any  district 
in,  this  state  in  which  they  may  have  a  permanent  or  temporary 
home:  First,  orphan  children;  second,  children  bound  as  ap- 
prentices; third,  children  with  only  one  parent  living,  and  fourth, 
children  whose  parents  do  not  contribute  to  their  support: 
Provided  further,  that  any  person  paying  a  school  tax  in  any  other 
district  than  that  in  which  he  resides  shall  be  entitled  to  send  his 
or  her  children  to  school  in  the  district  in  which  such  tax  is  paid 
and  receive  credit  on  the  amount  charged  for  tuition  to  the  extent 
of  such  school  tax.  (R.  S.  1899,  §  9764,  amended,  L.  1909,  p.  770.) 

When  the  board  fails  to  make  rules  for  government  of  school,  the  teacher  may 
make  such  rules  as  are  reasonable  and  necessary  and  enforce  them.  He  may  prohibit 
pupils  from  quarreling  or  fighting  in  going  to  and  from  school,  and  may  prescribe  the 
course  of  study  when  no  other  lawful  authority  has  done  so.  Deskins  v.  Gose,  85  Mo. 
485;  State  ex  rel.  v.  Millsap,  130  Mo.  683.  A  rule  prescribed  by  board  that  a  pupil 


16  Revised  School  Laws. 

who  is  absent  six  half  days  in  four  weeks,  without  satisfactory  excuse,  shall  be 
expelled,  is  reasonable.  King  v.  Board,  71  Mo.  628.  Likewise  a  rule  made  while  smallpox 
is  prevalent,  excluding  pupils  who  have  not  been  vaccinated.  State  ex  rel.  v.  Cole, 
220  Mo.  697. 

Though  no  rules  have  been  made,  the  board  may,  after  examination  and  hearing, 
expel  a  pupil  who  defies  the  teacher  and  intentionally  tries  to  demoralize  the  school 
by  swearing,  fighting,  or  other  obnoxious  and  filthy  conduct.  State  ex  rel.  v.  Hamil- 
ton, 42  A.  24.  The  board  cannot  control  the  conduct  of  pupils  after  they  return  home, 
and  a  rule  prohibiting  them  from  Attending  social  parties  is  illegal.  Dritt  v.  Snodgrass, 
66  Mo.  286.  Nonresident  parent  cannot,  by  mandamus,  compel  board  to  give  him 
credit  on  tuition  of  his  children  with  taxes  paid  in  district.  He  should  pay  or  tender 
any  balance  due  the  district,  and  then  if  his  children  are  refused  admittance,  bring 
his  action  of  mandamus  to  secure  their  admittance.  State  ex  rel.  v.  Clark,  18  A.  531. 

A  minor  who  is  neither  an  orphan  nor  an  apprentice  and  whose  parents  reside 
without  the  school  district  is  not  entitled  to  attend  the  public  school  without  paying 
tuition  fee,  although  having  a  home  more  or  less  permanent  in  the  district.  30  A.  285. 

By  this  section  boards  of  school  directors  are  empowered  to  adopt  needful  and 
reasonable  rules  for  the  grading  and  government  of  the  schools  in  their  district.  In 
the  absence  of  rules  being  furnished  by  the  board,  the  teacher  may  adopt  such  rules 
and  punish  pupils  for  infractions  of  same.  The  board  should  see  that  the  official  course 
of  study  adopted  by  county  superintendent  is  followed.  In  this  way  may  system 
and  uniformity  be  secured. 

The  power  to  suspend  or  expel  a  pupil  belongs  exclusively  to  the  board  of 
directors.  Before  this  power  can  be  exercised  the  accused  must  be  furnished  a  copy  of 
the  charges  preferred  and  be  granted  an  opportunity  to  defend  himself  against  such 
charges. 

This  section  provides  that  children  whose  parents  do  not  contribute  to  their 
support  may  attend  school  without  payment  of  tuition  in  any  district  in  which  such 
children  may  find  a  permanent  or  temporary  home. 

The  board  is  authorized  to  admit  nonresident  pupils  and  prescribe  the  tuition 
to  be  paid  by  same,  and  the  board  may  admit  to  the  schools  persons  over  twenty 
years  of  age  on  payment  of  tuition,  just  as  nonresidents  are  admitted. 

Where  a  person  residing  in  one  school  district  sends  to  school  in  another  district 
In  which  he  pays  a  school  tax,  how  to  obtain  credit  on  tuition.  18  A.  523.  Courts 
have  no  power  to  prescribe  what  shall  or  shall  not  be  taught  in  the  public  schools. 
The  term  common  school  means  schools  open  and  public  to  all,  rather  than  of  a 
definite  grade.  7  A.  566 ;  77  Mo.  484. 

A  resident  of  a  school  district  is  not  entitled  to  attend  the  public  schools  of  the 
district  unless  he  is  within  the  age  limited  by  the  Constitution,  namely,  between  the 
ages  of  six  and  twenty  years.  61  A.  407. 

The  Session  Acts  of  1913  permit  boards  of  directors  or  boards  of  education  to 
provide  gratuitous  instruction  for  persons  between  the  ages  of  five  and  six  years  and 
for  persons  over  twenty  years  of  age,  provided  that  for  this  purpose  "only  so  much 
of  such  (school)  revenues  as  are  not  required  for  the  establishing  and  maintaining  of 
free  public  schools  in  such  school  district  for  the  gratuitous  instruction  of  persons 
between  the  ages  of  six  and  twenty  years"  may  be  used.  It  is  to  be  noted  that  the 
persons  between  the  ages  of  six  and  twenty  must  be  provided  for  first,  and  then 
surplus  funds  not  needed  for  providing  school  for  the  children  between  the  ages  of  six 
and  twenty  years  may  be  used  to  provide  kindergarten  and  adult  schools.  Under  this 
law  such  schools  are  possible  only  in  the  cities  and  in  towns  that  maintain  first  class 
high  schools.  High  schools  for  boys  and  girls  between  the  ages  of  fourteen  and  twenty 
years  must  be  provided  for  before  children  under  six  can  be  given  gratuitous  instruc- 
tion in  public  schools.. 

Coming  temporarily  within  a  district  to  reside  during  the  scholastic  year,  for  the 
purpose  of  sending  children  to  the  school  of  that  district,  is  not  allowable,  and  the 
party  so  doing  is  not  entitled  to  free  tuition.  84  A.  140. 

A  teacher  has  the  right  to  Inflict  reasonable  punishment  for  misconduct  by  whip- 
ping. It  must  be  administered  for  a  salutary  purpose  to  maintain  the  discipline  and 


Revised  School  Laws.  17 

efficiency    of   the    school.    There    is    no    such    thing   as   reasonable   punishment   from   a 
malicious  motive.    88  A.  354. 

There  is  no  conflict  between  this  section  and  section  10933.  The  county  superin- 
tendent shall  "adopt"  the  course  of  study  for  use  in  schools  under  his  supervision,  and 
shall  require  the  same  to  be  used. 

Sec.  10786.  Contagious  diseases  among  pupils. — It  shall  be 
unlawful  for  any  child  to  attend  any  of  the  public  schools  of  this 
state  while  afflicted  with  any  contagious  or  infectious  disease,  or 
while  liable  to  transmit  such  disease  after  having  been  exposed  to 
the  same.  For  the  purpose  of  determining  the  diseased  condition, 
or  the  liability  of  transmitting  such  disease,  the  teacher  or  board 
of  directors  shall  have  power  to  require  any  child  to  be  examined 
by  a  physician  or  physicians,  and  to  exclude  such  child  from  school 
so  long  as  there  is  any  liability  of  such  disease  being  transmitted 
by  the  same.  A  refusal  on  the  part  of  the  parent  or  guardian  to 
have  an  examination  made  by  a  physician  or  physicians,  at  the 
request  of  the  teacher  or  board  of  directors,  will  authorize  the 
teacher  or  board  of  directors  to  exclude  such  child  from  school; 
and  any  parent  or  guardian  who  shall  persist  in.  sending  a  child  to 
school,  after  having  been  examined  as  provided  by  this  section,  and 
found  to  be  afflicted  with  any  contagious  or  infectious  disease,  or 
liable  to  transmit  the  same,  or  after  having  refused  to  have  such 
child  examined  as  herein  provided,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  punished  by  a  fine  of 
not  less  than  five  nor  more  than  one  hundred  dollars.  (R.  S.  1899, 
§  9765,  re-enacted,  L.  1909,  p.  770.) 

When  smallpox  exists  in  the  neighborhood  of  school,  board  may  exclude  pupils  who 
refuse  to  be  vaccinated.  In  re  Rebeneck,  62  A.  8 ;  State  ex  rel.  v.  Cole,  220  Mo.  697. 

Schools  cannot  be  closed  on  account  of  contagious  diseases  unless  ordered  by 
board  of  health,  or  on  agreement  of  both  parties  to  the  contract. 

Sec.  10787.  Employment  of  teachers. — The  board  shall  have 
power,  at  a  regular  or  special  meeting,  to  contract  with  and  employ 
legally  qualified  teachers  for  and  in  the  name  of  the  district;  all 
special  meetings  shall  be  called  by  the  president  and  each  member 
notified  of  the  time,  place  and  purpose  of  the  meeting.  The  con- 
tract shall  be  made  by  order  of  the  board ;  shall  specify  the  number 
of  months  the  school  is  to  be  taught  and  the  wages  per  month  to 
be  paid;  shall  be  signed  by  the  teacher  and  the  president  of  the 
board,  and  attested  by  the  clerk  of  the  district  when,  the  teacher's 
certificate  is  filed  with  said  clerk,  who  shall  return  the  certificate 
to  the  teacher  at  the  expiration  of  the  term.  The  certificate  must 
be  in  force  for  the  full  time  for  which  the  contract  is  made.  The 
board  shall  not  employ  one  of  its  members  as  teacher,  nor  shall  the 
teacher  serve  as  clerk  of  the  district.  All  transactions  of  the 
board  under  this  section  must  be  recorded  by  and  filed  with  the 
district  clerk.  (R.  S.  1899,  §  9766,  re-enacted,  L.  1909,  p.  770.) 

The  directors  have  no  power  to  hire  a  teacher  until  they  are  assembled  as  a  board. 
Pugh  v.  District,  114  A.  688.  When  all  members  of  a  board  are  present,  whether  the 

S.  L.-2 


18  Revised  School  Laws. 


meeting  is  upon  notice  or  by  accident,  they  may  lawfully  hire  teachers  and  transact 
other  business,  and  their  failure  to  make  and  preserve  minutes  of  their  proceedings 
does  not  render  their  acts  illegal.  Decker  v.  District,  101  A.  115;  Hibbard  v.  Smith, 
135  A.  721.  Failure  of  clerk  to  attest  contract,  or  failure  to  deposit  same  with  clerk, 
does  not  render  it  void.  McShane  v.  District,  70  Mo.  624;  Hibbard  v.  District,  135  A. 
721.  If  contract  is  illegal  the  fact  that  it  appears  regular  on  its  face  and  was  recorded 
by  the  clerk  does  not  prevent  the  district  from  disputing  its  legality.  Pugh  v.  District, 
114  A.  688.  When  a  majority  of  board  duly  assembled  by  their  record  authorize  the 
president  and  clerk  to  sign  contract  with  a  teacher  the  district  cannot  enjoin  her 
from  teaching  simply  because  the  president  of  board  failed  to  perform  his  duty  in 
refusing  to  sign  the  contract.  School  District  v.  Edmondson,  50  A.  65.  When  new 
directors  are  elected  and  qualified,  the  old  directors  have  no  power  to  hire  a  teacher. 
Loomis  v.  Coleman,  51  Mo.  21.  When  a  contract  is  produced,  -signed  by  all  three  of 
directors,  the  burden  of  showing  it  is  invalid  rests  upon  the  district.  Armstrong  v. 
District,  28  A.  169.  Directors  are  not  liable  for  slander  or  libel  when  they,  for 
reasonable  cause,  and  in  good  faith,  file  charges  against  teacher  with  superintendent, 
although  such  charges  be  withdrawn  before  a  hearing.  Emily  v.  Steeler,  159  Mo.  299. 

Members  of  school  board  wantonly  obstructing  a'  teacher  in  the  discharge  of  his 
duty  are  individually  liable  therefor.  55  Mo.  149 ;  98  App.  163.  An  order  of  school  board 
entered  of  record  to  employ  teacher  will  be  sufficient  to  constitute  contract,  though 
no  written  contract  be  entered  into  if  teacher  renders  service  thereunder.  63  Mo.  137 ; 
see  28  A.  169.  School  board  has  no  power  to  discharge  teacher,  but  when  his  cer- 
tificate is  revoked  he  is  disqualified  from  further  teaching  in  public  schools  in  that 
county.  78  Mo.  226 ;  19  A.  462.  Not  necessary  that  teacher  have  certificate  that  reaches 
to  end  of  term,  for  which  she  is  employed,  provided  that  during  the  term  she  has 
proper  certificate.  50  A.  65.  See,  also,  135  A.  721. 

The  employment  of  teachers  is  one  of  the  powers  vested  exclusively  in  the  board 
of  directors.  In  some  districts  the  voters  attempt  to  dictate  by  a  vote  who  shall  be 
employed  as  teacher,  or  the  wages  to  be  paid.  There  is  no  authority  for  a  vote  upon 
either  proposition ;  therefore,  the  board  is  not  bound  by  such  action.  A  teacher  may  be 
employed  at  either  a  regular  or  special  meeting  of  the  board.  Regular  meetings  of  the 
board  are  those  held  at  stated  times,  and  it  is  the  duty  of  each  member  of  the  board 
to  attend  such  meeting  without  notice.  Special  meetings  of  the  board  should  be  called 
by  the  president,  each  member  being  notified  of  the  time,  place  and  purpose  of  the 
meeting,  but  in  the  event  of  his  failure  to  call  such  meeting  when  the  business  of  the 
district  requires  that  a  meeting  shall  be  held,  the  meeting  may  be  called  by  the  other 
members  of  the  board  and  the  president  notified  of  the  time,  place  and  purpose  of  the 
meeting. 

When  a  teacher  has  been  elected,  the  district  record  should  show  the  name  of  the 
teacher,  the  number  of  months  the  school  is  to  be  taught,  and  the  wages  per  month  to 
be  paid.  An  order  should  also  be  entered  directing  the  president  and  clerk  to  enter 
into  written  contract  with  the  teacher.  It  then  becomes  the  duty  of  the  president  of 
the  board  to  sign  such  contract,  and  he  may  be  removed  from  office  for  a  refusal  to 
do  so.  Upon  two  points  the  law  specifically  requires  that  the  contract  shall  be  definite ; 
the  number  of  months  the  school  is  to  be  taught  and  the  wages  per  month  to  be  paid. 
A  contract  for  five  months,  or  longer,  provided  there  is  sufficient  money  to  maintain 
a  longer  term,  is  only  valid  for  five  months.  In  some  districts  a  contract  is  made  with 
the  teacher  at  so  much  per  month  and  whatever  tuition  he  may  collect.  This  is  a  plain 
violation  of  law.  The  tuition  fees  must  be  collected  and  turned  into  the  treasury  to 
the  credit  of  the  teachers'  fund. 

Complaint  is  sometimes  made  by  teachers  that  they  have  been  regularly  employed, 
the  district  record  showing  such  employment,  but  that  through  some  neglect  the 
contract  was  not  drawn,  and  the  members  of  the  board  having,  for  some  reason, 
changed  their  minds,  rescind  their  former  action  and  employ  another  teacher.  This 
is  an  injustice  to  the  person  first  employed,  but  he  has  no  remedy,  as  the  contract  is 
not  binding  on  the  district  until  it  is  made  in  writing  and  signed.  However,  should 
the  teacher  perform  services  for  the  district  he  may  recover  compensation  for  such 
services,  even  though  no  written  contract  existed. 


Revised  School  Laws.  19 

A  contract  for  the  employment  of  a  teacher  may  be  recovered  upon,  though  not 
in  writing,  if  service  has  been  rendered.  63  Mo.  137.  A  teacher  does  not  forfeit  any 
right  under  his  contract,  or  under  the  law,  by  failing  to  make  monthly  reports,  when 
by  action  of  the  directors  the  school  has  been  closed.  30  A.  113;  28  A.  169;  see  24  A.  213. 
Must  teach  in  district  schoolhouse.  30  A.  641. 

In  absence  of  evidence  that  meeting  was  not  regularly  called,  it  will  be  presumed 
the  meeting  was  regular.  59  A.  580. 

Unless  specific  work  is  mentioned  in  the  teacher's  contract,  the  board  has  the 
right  to  assign  the  teacher  to  any  grade  it  may  choose.  149  A.  550. 

FORM  FOR  TEACHER'S  CONTRACT. 

This  agreement,  made  the  —  —  day  of ,  191—,  between ,  a  legally  quali- 
fied public  school  teacher,  of  the  first  part,  and  the  school  board  of  district  No.  , 

county  of  ,   and  state  of  Missouri,   of  the  second  part. 

Witnesseth :    That  the  said  agrees  to  teach  the  public  school  of  said  district 

for  the  term  of  — months,   commencing  on  the  day  of ,  19—,  for  the  sum 

of dollars  per  month,  to  be  paid  monthly,  and  that  for  services  properly  rendered 

and  reports  correctly  made  according  to  law,    said  board  agrees  to   issue  a  warrant 

upon  the treasurer,  in  favor  of  the  said ,  for  the  amount  of  wages  due  under 

this  agreement. 

Done  by  order  of  the  board,   this  day  of  ,   191—. 

,  Teacher.     ,  President. 

Attest:    — ,   District  Clerk. 

Sec.  10788.  Contract  construed. — The  contract  required  in 
the  preceding  section  shall  be  construed  under  the  general  law  of 
contracts,  each  party  thereto  being  equally  bound  thereby.  Neither 
party  shall  suspend  or  dismiss  a  school  under  said  contract  with- 
out the  consent  of  the  other  party.  The  board  shall  have  no 
power  to  dismiss  a  teacher;  but  should  the  teacher's  certificate  be 
revoked,  said  contract  is  thereby  annulled.  The  faithful  execution 
of  the  rules  and  regulations  furnished  by  the  board  shall  be  con- 
sidered as  part  of  said  contract:  Provided,  said  rules  and  regula- 
tions are  furnished  to  the  teacher  by  the  board  when  the  contract 
is  made.  Should  the  teacher  fail  or  refuse  to  comply  with  the 
terms  of  the  contract  or  to  execute  the  rules  and  regulations  of 
the  board,  the  board  may  refuse  to  pay  said  teacher — after  due 
notice,  in  writing,  is  given  by  order  of  the  board — until  com- 
pliance therewith  is  rendered.  Should  the  schoolhouse  be  de- 
stroyed, the  contract  becomes  void.  (R.  S.  1899,  §  9767,  re-enacted, 
L.  1909,  p.  770.) 

The  district  is  not  liable  for  wages  of  teacher  after  schoolhouse  is  destroyed. 
Hall  v.  District,  24  A.  213.  The  board  cannot  close  the  school  before  the  end  of  term 
because  not  enough  funds  have  been  collected  to  pay  the  teachers.  Rudy  v.  District, 
30  A.  113.  Teacher  cannot  be  deprived  of  his  wages  for  failing  to  carry  out  a  rule 
of  which  he  was  not  notified.  Perkins  v.  District,  61  A.  512.  The  board  has  no  power 
to  discharge  a  teacher  but  for  immorality  or  other  improper  conduct.  The  county 
superintendent  may,  after  due  notice  and  hearing,  revoke  his  certificate,  which  would 
terminate  his  right  to  teach.  Arnold  v.  District,  78  Mo.  226 ;  Oakes  v.  District,  98  A.  162. 

School  may  be  dismissed  and  closed  before  end  of  contract  term  by  agreement  of 
teacher  and  directors.  59  A.  580. 

Each  party,  the  teacher  on  the  one  hand  and  the  board  on  the  other,  is  equally 
bound  by  the  contract.  This  fact  cannot  be  too  strongly  impressed  upon  the  parties 
to  the  contract.  A  board  of  directors  cannot  exercise  too  much  care  in  the  selection  of 


20  Revised  School  Laws. 

a  teacher,  for  when  the  contract  is  completed  it  cannot  be  abrogated  except  by  having 
the  teacher's  certificate  revoked  by  the  county  superintendent,  as  provided  in  section 
10944.  Conditions  over  which  neither  party  has  control  may,  however,  have  the  effect 
of  abrogating  the  contract ;  for  instance,  closing  of  school  by  board  of  health,  burning 
of  schoolhouse,  etc. 

Faithful  compliance  with  the  rules  and  regulations  furnished  by  the  board  is 
made  part  of  the  contract.  Necessary  rules  and  regulations  for  the  government  of  the 
school  should  be  adopted  by  every  board  of  directors,  and  a  copy  of  such  rules  fur- 
nished the  teacher  at  the  time  of  entering  into  contract.  A  person  entering  into  a 
contract  with  a  school  district,  through  its  directors,  must,  at  his  peril,  take  notice  of 
the  limited  powers  of  the  directors,  and  if  he  enters  into  a  contract  with  them  in 
excess  of  their  powers,  no  recovery  can  be  had  by  him  thereon.  30  A.  113.  The  power 
of  a  board  of  directors  with  reference  to  expenditures  is  limited  to  the  income  provided 
for  the  current  year.  Therefore,  a  teacher  should  inform  himself  before  entering  into 
contract  as  to  amount  of  revenue  provided  for  teachers'  wages,  as  he  can  collect  no 
greater  amount  than  that  provided.  Note  the  difference,  however,  between  "revenue 
provided"  and  "revenue  collected."  When  the  levy  for  school  purposes  is  made,  the 
revenue  is  said  to  be  "provided."  Warrants  may  be  drawn  against  the  revenue  pro- 
vided whether  it  is  collected  during  the  school  year  or  not. 

Teacher  need  not  have  certificate  when  contract  is  made.  Must  hold  certificate 
while  teaching.  Contract  requiring  special  examination  of  teacher,  nugatory.  Services 
under  contract  must  be  rendered  during  school  year.  93  A.  254. 

Sec.  10789.  Visitation  of  schools.— It  shall  be  the  duty  of  the 
board  to  visit  the  schools  under  their  care,  examine  into  their  con- 
dition and  the  progress  of  the  pupils,  advise  and  consult  with  the 
teachers,  and  to  exercise  such  supervision  as  will  best  promote  the 
interest  of  the  schools.  (R.  S.  1899,  §  9768,  re-enacted,  L.  1909, 
p.  770.) 

No  member  of  a  school  board  should  feel  that  he  has  discharged  his  duty  until 
he  has  visited  the  school  at  least  two  or  three  times.  Such  visits  encourage  and  stimu- 
late both  pupils  and  teacher.  Only  in  this  manner  is  it  possible  for  members  of  the 
board  to  make  themselves  familiar  with  the  management  of  the  school. 

Sec.  10790.  Enumeration  lists. — The  board  of  directors  of 
each  district  shall,  between  the  thirtieth  day  of  April  and  the 
fifteenth  day  of  May  of  each  year,  take,  or  cause  to  be  taken,  and 
forwarded  to  the  county  clerk,  an  enumeration  of  the  names  of  all 
persons  over  six  and  under  twenty  years  of  age,  resident  within  the 
district,  designating  male  and  female,  white  and  colored,  and  age 
of  each,  together  with  the  full  name  of  the  parent  or  guardian  of 
each  child  enumerated;  and  also  an  enumeration  of  all  blind  and 
deaf  and  dumb  persons  of  school  age,  resident  wit'hin  the  district, 
designating  male  and  female,  white  and  colored,  and  age  of  each, 
together  with  the  full  name  of  the  parent  or  guardian  of  each  of 
such  children  so  enumerated,  and  their  postoffice  address,  which 
said  enumerations  shall  be  subscribed  and  sworn,  to ;  and  any  parent 
or  guardian  who  shall  knowingly  furnish  to  any  enumerator  the 
name  of  any  child  who  is  under  six  or  over  twenty  years  of  age,  or 
who  is  a  non-resident  of  the  district,  shall  be  guilty  of  a  mis- 
demeanor, and  any  enumerator  who  shall  knowingly  return  a  false 
enumeration  shall  be  deemed  guilty  of  a  misdemeanor  and  punish- 
able by  a  fine  not  to  exceed  one  hundred  dollars;  and  should  the 


Revised  School  Laws.  21 

board  neglect  or  refuse  to  comply  with  the  provisions  of  this  sec- 
tion, such  district  shall  forfeit  its  right  to  any  portion  of  the  public 
funds  for  the  next  ensuing  school  year:  Provided,  that  the  board 
of  directors  of  any  city  having  more  than  fifty  thousand  inhabitants 
may  relieve  itself  of  the  duty  aforesaid  four  times  to  every  period 
of  five  years  by  passing  a  resolution  each  year  adopting  the  last 
enumeration  therein,  made  as  its  enumeration  of  persons  of  school 
age  in  said  city  for  such  year,  and  thereupon  such  last  enumeration 
shall  be  deemed  returned  and  taken  as  its  enumeration  for  such 
year  for  all  purposes  under  this  chapter.  The  county  clerk  of  each 
county  shall  certify  to  the  superintendent  of  the  school  for  the 
deaf  and  dumb  at  Fulton,  as  soon  as  convenient  after  he  receives 
the  enumeration  lists,  the  names  of  all  deaf  and  dumb  persons  of 
school  age  in,  his  county,  giving  name,  age,  sex  and  color,  and  the 
name  and  postoffice  address  of  parent  or  guardian  of  such  persons, 
and  to  the  superintendent  of  the  school  for  the  blind  in  St.  Louis 
the  names  of  all  blind  persons  of  school  age  in  his  county,  giving 
name,  age,  sex  and  color,  and  the  name  and  postoffice  address  of 
parent  or  guardian  of  such  persons.  (R.  S.  1899,  §  9770,  amended, 
L.  1909,  p.  770.) 

Historical  Note.— That  part  of  section  10932  which  requires  the  county  superin- 
tendent to  receive  and  approve  enumeration  lists  is  probably  repealed  by  this  section, 
which  requires  such  lists  to  be  forwarded  to  county  clerk.  The  bill  creating  section 
10932  was  approved  March  15,  1909,  while  the  bill  which  amended  section  10790  was 
passed  May  13,  1909,  and  approved  June  1,  1909.  (Laws  1909,  pp.  770,  822.)  However, 
it  will  no  doubt  be  agreeable  to  the  county  clerk  for  the  superintendent  to  receive 
and  pass  upon  enumeration  lists  and  estimates  and  then  file  them  with  him,  as 
provided  in  section  10932.  The  district  clerk  is  not  required  to  enumerate  children* 
who  are  absent  and  whom  he  honestly  believes  have  moved  away  from  the  district. 
State  ex  rel.  v.  Smith,  64  A.  313.  When  clerk  intentionally  makes  a  false  enumeration 
showing  less  than  fifteen  colored  children  in  district,  when  he  knows  there  are  more 
than  that  number,  the  enumeration  is  void,  and  mandamus  will  lie  to  compel  the 
establishment  of  a  negro  school.  State  ex  rel.  v.  Cartwright,  122  A.  257. 

Section  1,   Art.  XI,   Constitution.    84  Mo.  74;  30  A.  285. 

Great  care  should  be  taken  by  the  enumerator  to  get  the  name  of  every  child 
in  the  district  entitled  to  enumeration.  The  public  funds— county  and  township— are 
apportioned  upon  the  enumeration,  and  for  every  name  missed  the  district  will  lose 
from  $1.50  to  $3.50,  or  possibly  more.  Do  not  fail  to  forward  the  enumeration  to  the 
county  clerk  within  the  time  specified  by  law.  It  is  not  the  duty  of  the  district 
clerk  to  take  the  enumeration.  The  board  may  take  the  enumeration  of  the  district 
themselves,  or  may  cause  the  same  to  be  taken  by  employing  the  district  clerk  or  any 
other  competent  person.  Section  10825  makes  it  the  duty  of  assessors  to  furnish  the 
county  clerks  lists  of  taxpayers  by  school  districts. 

NEW  LAW,  1913. 

Section  1.     Board  may  provide  for  gratuitous  education  of 
persons  between  five  and  six  and  over  twenty  years,  how. — The 

board  of  directors  or  board  of  education  of  any  school  district  in 
this  state  may  provide  for  the  gratuitous  education  of  persons  be- 
tween five  and  six  and  over  twenty  years  of  age,  resident  in  such 
school  district.  Such  gratuitous  education,  however,  shall  be  pro- 


22  Revised  School  Laws. 

vided  only  out  of  revenues  derived  by  such  school  district  from 
sources  other  than  those  described  in  section  6,  article  XI  of  the 
Constitution  of  this  state,  and  only  with  so  much  of  such  revenues 
as  are  not  required  for  the  establishing  and  maintaining  of  free 
public  schools  in  such  school  district  for  the  gratuitous  instruction 
of  persons  between  the  ages  of  six  and  twenty  years ;  provided  that 
nothing  in  this  act  shall  be  construed  as  affecting  the  basis  of 
apportionment  of  the  public  school  fund  of  this  state  as  now  fixed 
by  law.  (Session  Acts,  1913.) 

This  law  states  "that  nothing  in  this  act  shall  be  construed  as  affecting  the  basis 
of  apportionment  of  the  public  school  fund  of  this  state  as  now  fixed  by  law."  This 
law  does  not  repeal  or  change  the  law  relating  to  the  enumeration  of  school  children. 
As  heretofore,  all  children  "over  six  years  of  age  and  under  twenty  years  of  age" 
should  be  enumerated. 

This  law  permits  boards  of  directors  or  boards  of  education  to  provide  gratuitous 
instruction  for  persons  between  the  ages  of  five  and  six"  years  and  for  persons  over 
twenty  years  of  age,  provided  that  for  this  purpose  "only  so  much  of  such  (school) 
revenues  as  are  not  required  for  the  establishing  and  maintaining  of  free  public  schools 
in  such  school  district  for  the  gratuitous  instruction  of  persons  between  the  ages  of 
six  and  twenty  years"  may  be  used.  It  is  to  be  noted  that  the  persons  between  the 
ages  of  six  and  twenty  must  be  provided  for  first,  and  then  surplus  funds  not  needed 
for  providing  school  for  the  children  between  the  ages  of  six  and  twenty  years  may 
be  used  to  provide  kindergarten  and  adult  schools.  Under  this  law  such  schools  are 
possible  only  in  the  cities  and  in  towns  that  maintain  first  class  high  schools.  High 
schools  for  boys  and  girls  between  the  ages  of  fourteen  and  twenty  years  must  be 
provided  for  before  children  under  six  can  be  given  gratuitous  instruction  in  public 
schools. 

Sec.  10791.  Estimate. — The  board  of  directors  of  each  district 
shall,  on  or  before  the  fifteenth  day  of  May  of  each  year,  forward 
to  the  county  clerk  an,  estimate  of  the  amount  of  funds  necessary 
to  sustain  the  schools  of  their  district  for  the  time  required  by  law, 
or,  when  a  longer  term  has  been  ordered  by  the  annual  meeting, 
for  the  time  thus  decided  upon,  together  with  such  other  amount 
for  purchasing  site,  erecting  buildings  or  meeting  bonded  indebted- 
ness, and  interest  on  same,  as  may  have  been  legally  ordered  in 
such  estimate,  stating  clearly  the  amount  deemed  necessary  for 
each  fund,  and  the  rate  required  to  raise  said  amount.  (R.  S.  1899, 
§  9771,  amended,  L.  1909,  p.  770.) 

Historical  Note.— This  section  seems  to  repeal  that  part  of  section  10932,  requiring 
county  superintendents  to  receive  and  approve  estimates.  See  note  under  section 
10790.  The  board  may  withdraw  an  estimate  filed  with  county  clerk  before  it  is  acted 
upon  and  file  another  estimate  in  lieu  thereof,  upon  which  latter  estimate  a  legal  levy 
may  be  made.  State  ex  rel.  v.  Phipps,  148  Mo.  31,  36.  When  a  levy  of  100  cents  on 
100  dollar  valuation  has  been  authorized  by  a  vote  of  the  district,  the  board  may 
apportion  same  by  their  estimate  among  the  several  funds  as  they  deem  proper,  and  the 
fact  that  they  only  filed  an  estimate  for  a  98-cent  levy  when  100  cents  had  been 
authorized  does  not  render  the  tax  illegal.  State  ex  rel.  v.  Phipps,  148  Mo.  31.  If  the 
estimate  for  teachers  and  incidental  funds  exceeds  40  cents  on  the  $100,  it  must  recite 
that  the  increase  above  40  cents  was  authorized  by  vote  of  the  district,  but  it  is  not 
necessary  that  such  estimate  should  recite  the  amount  which  a  levy  made  in  accord- 
ance therewith  will  yield,  nor  that  the  estimate  was  authorized  by  an  order  of  the 
board.  The  St.  L.,  etc.,  Ry.  v.  Gracy,  126  Mo.  472 ;  Kansas  City,  etc.,  v.  Chapin,  162 
Mo.  409.  No  vote  of  district  is  necessary  to  make  estimates  for  annual  interest  and 


Revised  School  Laws.  23 

sinking  fund  on  bonds  legally  issued.  Benton  v.  Scott,  168  Mo.  379.  School  taxes  on 
railroad  property  must  be  levied  by  county  courts  pursuant  to  estimates  on  file  with 
clerk.  State  ex  rel.  v.  Ry.,  135  Mo.  619.  See  section  9364. 

Restriction  on  tax  levy.  Section  2,  Art.  X,  Constitution.  Where  estimates  returned 
by  school  districts  stated  rate  of  required  tax  levy,  but  did  not  mention  amount  of  the 
several  funds  which  levy  would  produce,  irregularity  is  immaterial.  126  Mo.  472. 

"Unless  the  estimate  shows  that  the  annual  rate  above  forty  cents  other  than  in 
village  schools  was  authorized  by  a  vote  of  the  taxpayers,  the  county  clerk  has  no 
authority  to  'assess  and  carry  out'  such  increase,  and  in  the  absence  of  such  recital 
in  the  estimates,  to  the  extent  of  the  excess  such  taxes  are  void." 

"The  statute  does  not  require  the  certified  estimates  for  sinking  and  interest  fund 
taxes  to  contain  a  recital  that  a  levy  of  such  taxes  was  authorized  by  order  of  the 
board."  162  Mo.  409. 

This  is  to  be  made  by  the  school  board  on  or  before  the  fifteenth  day  of  May 
of  each  year.  The  estimate  is  for  the  following  purposes:  (1)  For  teachers'  fund; 
(2)  for  incidental  expenses;  (3)  for  building;  (4)  for  sinking  fund;  (5)  for  interest 
fund.  The  estimate'  for  teachers'  wages,  if  it  exceeds  forty  cents  on  the  hundred 
dollars,  must  state  that  it  was  ordered  (section  10796)  by  a  majority  of  the  taxpayers 
of  the  district.  The  estimate  for  building  purposes  must  show  that  it  was  authorized 
(section  10797)  by  two-thirds  of  the  qualified  voters  of  the  district  who  voted  at  the 
election.  The  estimate  for  sinking  fund  (section  10782)  cannot  exceed  forty  cents  on 
the  hundred  dollars.  The  estimate  for  interest  (section  10783)  must  be  sufficient  to 
pay  the  interest  as  it  falls  due.  It  is  very  important  that  the  estimate  be  made 
promptly  and  in  good  form,  being  careful  to  "state  clearly  the  amount  deemed  neces- 
sary for  each  fund." 

Sec.  10792.  Condemnation  of  site. — Whenever  any  district 
shall  select,  at  the  annual  or  any  special  meeting,  one  or  more 
sites  for  one  or  more  schoolhouses,  or  the  board  of  education  in 
city,  town  or  consolidated  school  districts,  under  the  provisions  of 
the  statute  applicable  thereto,  shall  locate,  direct  and  authorize  the 
purchase  of  sites  for  schoolhouses,  libraries,  offices,  and  public 
parks  and  play  grounds,  and  cannot  agree  with  the  owner  thereof 
as  to  the  price  to  be  paid  for  the  same,  or  for  any  other  cause  can- 
not secure  a  title  thereto,  the  board  of  directors  or  board  of  educa- 
tion aforesaid  may  proceed  to  condemn  the  same  in  the  same  man- 
ner as  provided  for  condemnation  of  right  of  way  in  chapter  22, 
article  II  of  the  Revised  Statutes  of  1909,  and  upon  such  con- 
demnation and  the  payment  of  the  appraisement  as  therein  pro- 
vided, the  title  of  such  lot  or  land  shall  vest  in  the  board  of  direc- 
tors or  board  of  education  aforesaid  for  use  in  trust  for  the  district 
and  the  purposes  for  which  the  same  was  so  selected  and  located; 
and  whenever  a  majority  of  the  qualified  voters  and  taxpayers  of 
any  school  district,  at  any  annual  or  special  meeting  called  for  that 
purpose,  shall  determine  that  it  is  necessary  to  have  additional 
grounds  for  school  purposes  or  for  public  parks  and  play  grounds, 
then  the  board  of  directors,  or  board  of  education  aforesaid,  may 
proceed  to  condemn  and  pay  for  any  amount  of  land  adjacent  to 
the  schoolhouse  site,  or  elsewhere  in  the  district  for  such  purposes, 
as  provided  in  this  section.  All  laws  and  parts  of  laws  in  conflict 
with  this  act  are  hereby  repealed.  (Session  Acts,  1913.) 

The  condemnation  of  land  for  a  schoolhouse  site  is  an  appropriation  thereof  for 
public  use  within  the  meaning  of  the  Constitution.  Twp.,  etc.,  v.  Hackman,  48  Mo.  243. 


24  Revised  School  Laws. 

It  requires  a  majority  of  the  qualified  voters  and  taxpayers  of  the  district,  and  not 
merely  a  majority  of  those  voting  in  an  election,  to  authorize  the  condemnation  of 
land  adjacent  to  schoolhouse  site.  State  ex  rel.  v.  District,  209  Mo.  464  ;  State  ex  rel. 
v.  School  District,  79  A.  103.  The  legality  of  the  corporate  existence  of  the  district 
cannot  be  made  an  issue  in  an  action  to  condemn  land  under  this  section.  School 
District  v.  Hodgin,  180  Mo.  71. 

In  proceedings  by  special   school  district  to  condemn  land  for  schoolhouse  site, 
defendant  may  put  in  issue  plaintiff's  corporate  existence.     125  Mo.  439. 

Sec.  10793.     Separate  schools  lor  white  and  colored  children. 

Separate  free  schools  shall  be  established  for  the  education  of 
children  of  African  descent;  and  it  shall  hereinafter  be  unlawful 
for  any  colored  child  to  attend  any  white  school,  or  for  any  white 
child  to  attend  a  colored  school.  (R.  S.  1899,  §  9774,  amended, 
L.  1909,  p.  770.) 

Sec.  10794.     Schools  for  colored  children,  establishment  of. 

When  there  are  within  any  school  district  in  this  state  fifteen  or 
more  colored  children  of  school  age,  as  shown  by  the  last  enumera- 
tion, the  board  of  directors  of  such  school  district  shall  be  and  they 
are  hereby  authorized  and  required  to  establish  and  maintain  within 
such  school  district  a  separate  free  school  for  said  colored  children ; 
and  the  length  of  the  school  term  for  said  colored  children,  and 
the  advantage  and  privileges  thereof,  shall  be  the  same  as  are  pro- 
vided for  other  schools  of  corresponding  grade  within  such  school 
district,  and  the  board  of  directors  shall  in  all  cases  conduct,  man- 
age and  control  said  school  as  other  schools  of  the  district  are  con- 
ducted, managed  and  controlled;  and  all  indebtedness  incurred  by 
said  board  of  directors  in  providing  suitable  buildings,  employing 
teachers  and  maintaining  said  school  shall  be  paid  for  out  of  the 
appropriate  funds  of  the  district,  upon  warrants  ordered  and  issued 
in  conformity  with  the  provisions  of  sections  10856  and  10857: 
Provided,  there  be  no  school  building  in  such  school  district  for  said 
colored  children,  the  board  of  directors  shall  be  and  they  are  hereby 
authorized  and  required  to  rent  suitable  buildings  and  furnish  the 
same,  and  all  expenses  necessarily  incurred  shall  be  paid  out  of 
any  funds  to  the  credit  of  the  building  or  incidental  funds  of  such 
school  district.  Should  any  board  of  directors  neglect  or  refuse 
to  comply  with  the  provisions  of  this  section,  such  school  district 
shall  be  deprived  of  any  part  of  the  public  funds  for  the  next  en- 
suing school  year:  Provided,  that  in  case  the  average  daily  at- 
tendance of  colored  children  for  any  one  school  month  shall  be  less 
than  eight,  then  said  board  of  directors  may  discontinue  such 
school  for  a  period  not  to  exceed  six  months  at  any  one  time: 
Provided,  that  in  cases  where  two  school  districts  join,  and  in 
either  or  both  of  said  districts  the  enumeration  of  colored  children 
of  legal  school  age  is  less  than  twenty-five,  the  boards  of  directors 
of  such  districts  may  establish  a  joint  colored  school  in  either  of 
said  districts,  the  expense  of  maintaining  said  school  to  be  borne 
by  the  districts  establishing  same,  in  proportion  to  the  number  of 
colored  children  enumerated  in  each.  The  control  of  said  school 


Revised  School  Laws.  25 

shall  be  vested  in  the  board  of  directors  of  the  district  in  which 
the  schoolhouse  wherein  said  colored  school  is  maintained  is  located. 
(R.  S.  1899,  §  9775,  amended,  L.  1909,  p.  770.) 

Warrants  for  the  payment  of  teachers  of  both  white  and  colored  schools  should 
be  drawn  on  the  same  fund.  State  ex  rel.  v.  Thompson,  64  Mo.  26.  This  section  is 
mandatory,  and  the  board  cannot  escape  the  responsibility  of  establishing  a  colored 
school  by  or  through  a  false  enumeration  which  omits  part  of  the  colored  children 
residing  in  district.  State  ex  rel.  v.  Cartwright,  122  Mo.  257. 

Constitution  and  laws  providing  for  separate  schools  for  colored  children  arc  not 
forbidden  by  fourteenth  amendment  to  federal  Constitution ;  equality,  not  identity  of 
privileges,  is  guaranteed  to  the  citizens  by  said  amendment.  103  Mo.  546.  Who  are 
residents  within  the  meaning  of  this  section.  64  A.  313. 

When  the  enumeration  taken  in  any  year  shows  that  fifteen  or  more  colored 
children  of  school  age  reside  within  the  district,  it  is  the  duty  of  the  board  of  directors 
to  establish  and  maintain  a  separate  free  school  for  the  education  of  these  children. 
The  establishment  is  not  perpetual.  Compliance  with  this  law  requires  that  the  school 
privileges  accorded  the  colored  children  shall  equal  those  enjoyed  by  the  white  children. 
The  establishment  of  a  colored  school  in  some  old  tumble-down  shed  of  a  building, 
with  little  or  no  furniture,  and  situated  in  a  remote,  inaccessible  part  of  the  district, 
while  the  white  children  in  the  same  district  are  provided  with  a  comfortable  well- 
furnished  school  building,  does  not  comply  with  the  spirit  of  this  law.  Instances 
have  been  reported  in  which  it  is  claimed  that  the  enumerator  returned  a  false 
enumeration  in  order  to  avoid  the  establishment  of  a  school  for  the  colored  children. 
In  doing  this,  the  enumerator  not  only  violates  his  oath  of  office,  but  is  guilty  of  a 
misdemeanor,  punishable  by  a  fine  of  $100.00.  See  section  10790. 

For  failure  to  establish  a  colored  school  when  fifteen  colored  children  are 
enumerated  in  the  district,  the  district  forfeits  all  public  funds  due  it,  and  the  board 
of  directors  may  be  removed  from  office  for  neglect  of  duty.  In  a  district  having 
established  a  colored  school,  if  the  enumeration  of  colored  children  falls  below  fifteen, 
the  school  may  be  discontinued.  The  board  also  has  authority  to  discontinue  the 
school  for  a  period  of  six  months  when  the  average  daily  attendance  for  any  one  month 
falls  below  eight.  Should  a  school  be  discontinued  for  this  reason,  it  must  be  reopened 
at  the  expiration  of  six  months,  unless  the  white  school  in  the  district  has  closed  in 
the  meantime,  in  which  event  the  colored  school  need  not  be  reopened  during  the 
current  school  year. 

There  is  no  authority  for  setting  aside  a  certain  sum  of  money  to  maintain  the 
colored  school.  The  expense  of  maintaining  the  colored  school  must  be  paid  in  the 
same  manner  and  out  of  the  same  funds  drawn  upon  to  sustain  the  white  school. 

This  encourages  adjoining  districts,  each  having  an  enumeration  of  colored 
children  less  than  twenty-five,  to  consolidate  their  school  for  colored  children. 

The  fact  that  colored  children  have  to  go  farther  to  attend  school  than  white 
children  does  not  furnish  a  substantial  ground  of  complaint  on  the  part  of  the  former. 
103  Mo.  546. 

Sec.  10795.  Colored  children — right  to  attend  other  schools 
for  colored  children  in  county. — When  the  number  of  colored  chil- 
dren of  school  age  residing  in  any  school  district,  as  shown,  by  the 
last  enumeration,  shall  be  less  than  fifteen,  they  shall  have  the 
privilege  and  are  entitled  to  attend  school  in  any  district  in  the 
county  wherein  a  school  is  maintained  for  colored  children,  and  the 
board  of  directors  of  the  district  in  which  such  colored  children 
reside  shall  reserve  a  sufficient  amount  from  the  teachers'  fund 
of  such  district  to  pay  the  expense  thus  incurred  for  such  school 
year;  but  such  colored  children  shall  only  be  entitled  to  attend 
school  for  the  same  length  of  time  that  other  schools  of  the  dis- 


26  Revised  School  Laws. 

trict  in  which  they  reside  are  maintained;  and  at  the  end  of  the 
school  term  the  board  of  directors  of  the  district  in  which  such 
children  may  have  attended  school  shall  make  out  and  forward  to 
the  board  of  directors  of  the  district  in  which  such  children  reside 
an  account  showing  the  amount  due  for  said  colored  children,  said 
amount  to  be  equal  to  the  pro  rata  expense  of  such  attendance,  the 
same  to  be  prorated  according  to  the  amount  paid  for  teachers' 
wages  and  incidental  expenses  during  such  .school  term;  and  the 
board  of  directors  of  the  district  in  which  such  children  reside  shall 
issue  an  order  on  the  county  or  township  treasurer  to  transfer  said 
amount  to  the  credit  of  teachers'  fund  of  the  district  in  which  said 
children  attended  school.  Any  board  of  directors  neglecting  or 
refusing  to  comply  with  the  provisions  of  this  section  shall  be  held 
individually  responsible  for  the  amount  due  the  district  in  which 
said  colored  children  attended  school.  (R.  S.  1899,  §  9776,  amended, 
L.  1909,  p.  770.) 

This  section  gives  colored  children  of  school  age,  residing  in  a  school  district 
not  containing  the  requisite  enumeration,  the  right  to  attend  any  colored  school  in 
the  county.  This  section  imposes  two  duties  upon  the  board  of  the  district  in  which 
the  colored  children  reside:  (1)  "To  reserve  a  sufficient  amount  from  the  teachers' 
fund  of  such  district  to  pay  the  expenses  thus  incurred;"  (2)  "to  issue  an  order  on 
the  county  or  township  treasurer  to  transfer  said  amount  to  the  credit  of  the  teachers' 
fund  of  the  district  in  which  said  children  attended  school."  The  section  imposes  one 
duty  upon  the  district  in  which  the  colored  children  attend,  as  follows :  "To  make 
out  and  forward  to  the  school  board  of  the  district  in  which  the  children  reside  an 
account  showing  the  amount  due  for  said  colored  children."  It  should  be  noted  that 
the  colored  children  are  only  entitled  to  attend  school  during  the  time  that  the  other 
schools  in  the  district  in  which  they  reside  are  maintained ;  that  is,  if  there  is  only 
a  five-months'  school  in  the  country  district  in  which  the  colored  children  reside, 
they  are  permitted  to  attend  but  five  months  in  the  district  maintaining  a  colored 
Fchool,  even  though  that  district  should  maintain  an  eight-months'  school.  To  find  the 
amount  due  the  school  which  the  colored  pupils  attend,  it  is  necessary  to  ascertain 
the  cost  per  colored  pupil  per  day,  and  multiply  this  by  the  number  of  days  attended 
by  the  colored  children  residing  without  the  district.  This  is  what  is  meant  by 
"pro  rata  expenses  of  such  attendance,  the  same  to  be  prorated  according  to  the 
amount  paid  for  teachers'  wages  and  incidental  expenses  during  such  school  term." 
Note  that  "the  school  board  in  the  district  in  which  such  children  may  have  attended" 
shall  forward  the  account  against  the  other  district  "at  the  end  of  the  school  term." 
For  a  failure  to  pay  the  account,  if  found  correct,  the  members  of  the  board  of 
directors  to  which  the  account  is  presented  become  personally  liable  for  the  amount. 
Failure  to  present  the  account  at  close  of  school  does  not  forfeit  the  claim.  The 
account  may  be  collected  at  any  time  within  five  years  after  it  becomes  due. 

Sec.  10796.     Increase   of   tax   levy   for   maintaining   schools. 

Whenever  it  shall  become  necessary,  in  the  judgment  of  the  board 
of  directors  or  board  of  education  of  any  school  district  in  this 
state,  to  increase  the  annual  rate  of  taxation  for  school  purposes, 
or  when  any  five  resident  taxpayers  of  such  district  shall  petition 
such  board,  in  writing,  that  they  desire  an  increase  in  the  rate  of 
taxation,  such  board  shall  determine  the  rate  of  taxation  necessary 
to  be  levied  in  such  district  within  the  maximum  rates  prescribed 
by  the  Constitution  for  such  purposes,  and  shall  submit  to  the 
voters  of  said  school  district  who  are  taxpayers  of  such  school  dis- 


Revised  School  Laws.  27 

trict,  at  an  election  to  be  by  such  board  called  and  held  for  that 
purpose,  at  the  usual  place  of  holding  elections  for  members  of 
such  board,  whether  the  rate  of  taxation  be  increased  as  proposed 
by  said  board,  due  notice  having  been  given  as  required  by  section 
10844;  and  if  a  majority  of  the  voters  who  are  taxpayers  voting 
at  such  election  on  the  proposition  to  increase  levy  shall  vote  in 
favor  of  such  increase,  the  result  of  such  vote,  and  the  rate  of 
taxation  so  voted  in  such  district,  shall  be  certified  by  the  clerk 
or  secretary  of  such  board  or  district  to  the  clerk  of  the  county 
court  of  the  proper  county,  who  shall,  on  the  receipt  thereof,  pro- 
ceed to  assess  and  carry  out  the  amount  so  returned  on  the  tax 
books  on  all  the  taxable  property,  real  and  personal,  of  such  school 
district,  as  shown  by  the  last  annual  assessment  for  state  and 
county  purposes,  including  all  statements  of  merchants  as  provided 
by  law.  (Session  Acts,  1913.) 

A  levy  made  by  county  court  on  railroad  property  for  school  purposes  need  not 
specify  the  special  fund  for  which  such  levy  is  made,  if  the  estimates  are  sufficient 
to  enable  the  court  to  make  the  average  rate.  State  ex  re),  v.  Ry.,  135  Mo.  618.  Under 
this  section  the  board  should  first  determine  what  increase  of  taxes  is  necessary  and 
have  its  proceedings  noted  on  minutes  of  the  district  clerk  before  submitting  proposition 
to  voters ;  but  stich  action  is  not  necessary  when  increase  of  taxes  is  voted  at  annual 
meeting.  Benton  v.  Scott,  168  Mo.  378. 

See  cases  cited  under  section  10791. 

Whenever  a  board  deems  it  necessary  or  is  petitioned  by  five  resident  taxpayers, 
it  shall  determine  the  increase  of  levy  for  school  purposes.  Proper  notice  having  been 
given  under  section  10798,  the  proposition  is  voted  upon,  and  is  carried  "if  a  majority 
of  the  voters  who  are  taxpayers  voting  at  such  election  on  the  proposition  to  increase 
levy  shall  vote  in  favor  of  such  increase."  Note  that  taxpayers  and  not  qualified  voters 
are  spoken  of.  A  taxpayer  is  one  who  owns  either  real  or  personal  property  liable  to 
assessment  and  taxation.  Observe  that  only  a  majority,  and  not  a  two-thirds  majority, 
is  required  ;  also,  that  it  is  a  majority  of  the  taxpayers  "voting  at  such  election  on  the 
proposition  to  increase  levy,"  and  not  a  majority  of  the  taxpayers  of  the  district. 
For  limitation  of  taxation,  see  article  10,  section  11,  Missouri  Constitution,  and 
section  10825. 

For  majority  of  voters  voting  at  such  election,   see  35  Mo.  103,    and  73  Mo.  435. 

The  provisions  of  the  Constitution  limiting  the  rate  of  taxation  do  not  require 
legislative  action  to  enforce  it,  and  go  into  effect  at  once,  notwithstanding  the  proviso 
allowing  the  rate  to  be  increased  by  legislative  action  and  a  specified  popular  vote. 
62  Mo.  444. 

Sec.  10797.  Increase  of  tax  levy  for  erecting  schoolhouse  and 
similar  purposes. — The  board  of  education  or  directors  of  any 
school  district  in  this  state  shall,  whenever,  in  their  judgment,  it 
becomes  necessary,  or  they  be  requested,  by  a  petition  of  ten  tax- 
payers of  any  such  school  district,  to  increase  the  annual  rate  of 
taxation  for  the  purpose  of  paying  for  school  building  sites, 
whether  the  same  have  been  purchased  or  condemned,  for  buying 
or  erecting  school  buildings  in  such  districts,  or  repairing  or  fur- 
nishing such  buildings,  determine  the  rate  of  taxation  necessary  to 
be  levied  within  the  maximum  rates  prescribed  by  the  Constitution, 
and  as  therein  limited  for  such  purposes,  and  shall  submit  to  the 
voters  of  such  school  district,  at  an  election  to  be  by  such  board 
called  and  held  for  that  purpose,  at  the  usual  place  for  holding 


28  Revised  School  Laws. 

elections  for  members  of  such  board,  whether  the  rate  of  taxation 
shall  be  increased,  as  proposed  by  said  board,  for  any  of  the  pur- 
poses mentioned  in  this  section,  due  notice  having  been  given,  as 
required  by  section  10844,  and  if  two-thirds  of  the  qualified  voters 
of  such  school  district,  or  of  such  city,  town  or  village  forming  a 
school  district,  voting  at  said  election,  shall  vote  in  favor  of  such 
increase  for  the  purposes  aforesaid,  the  result  of  such  vote,  and  the 
rate  of  taxation,  so  voted,  shall  be  certified  by  the  secretary  or  clerk 
of  such  board  to  the  clerk  of  the  county  court  of  the  proper  county, 
who  shall,  on  the  receipt  thereof,  proceed  to  assess  the  amount  so 
returned  for  any  or  all  of  the  purposes  mentioned  in  this  section 
on  all  the  taxable  property,  both  real  and  personal,  of  such  school 
district,  as  shown  by  the  last  annual  assessment  for  state  and 
county  purposes,  including  all  statements  of  merchants,  as  is  pro- 
vided by  law.  (Session  Acts,  1911.) 

This  section  does  not  apply  to  an  election  to  vote  bonds  to  build  schoolhouse,  nor 
to  other  elections  specially  provided  for  in  other  sections  of  the  statutes.  Richardson 
v.  McReynolds,.  114  Mo.  641,  650. 

Whenever  the  board  deems  it  necessary  or  is  petitioned  by  ten  taxpayers  of  the 
district,  it  shall  determine  the  rate  to  be  levied  for  building  purposes,  notice  having 
been  given  in  accordance  with  section  10798.  The  proposition  is  carried  "if  two-thirds 
of  the  qualified  voters  of  such  school  district  voting  on  the  proposition  shall  vote  in 
favor  of  such  increase."  Note  that  two-thirds  of  the  qualified  voters,  and  not  a 
majority,  is  required.  Observe,  also,  that  it  is  two-thirds  of  those  voting  at  the 
election ;  that  is,  two-thirds  of  the  votes  cast  at  the  election,  and  not  two-thirds  of  the 
qualified  voters  of  the  district.  For  limitation  of  levy  for  building  purposes,  see  article 
16,  section  11,  Missouri  Constitution  ;  also,  section  10825.  A  building  levy  should  be  used 
for  purchase  of  site,  erection  of  house  and  furnishing  the  same.  All  permanent  improve- 
ments should  be  made  from  the  building  fund  rather  than  from  the  incidental  fund, 
such  as  building  a  fence,  digging  a  cistern,  erecting  outhouses  and  seating  schoolroom. 

The  act  (11583)  authorizing  an  increase  in  the  levy  of  school  taxes  for  building 
purposes  on  the  apportionment  of  the  valuation  of  a  railroad  company's  roadbed  and 
rolling  stock,  and  empowering  the  county  court  to  take  into  consideration  the  rate  of 
increase  for  such  purposes,  made  in  districts  through  which  the  railroad  does  not  run, 
in  fixing  the  rate  to  be  levied,  is  constitutional.  97  Mo.  496. 

Sec.   10798.     Notice  of   meeting   to  increase   tax  levy. — The 

propositions  authorized  in  sections  10796  and  10797  may  be  sub- 
mitted at  an  annual  meeting,  or  at  a  special  meeting  called  and  held 
for  that  purpose.  Said  board  of  directors  or  board  of  education 
submitting  such  proposition  shall  cause  notice  thereof  to  be  given 
as  provided  by  section  10844.  (R.  S.  1899,  §  9779,  amended,  L. 
1909,  p.  770.) 

Sec.  10799.  Special  meetings. — Special  school  meetings  for 
the  transaction  of  business  authorized  by  this  chapter,  and  not  re- 
stricted to  the  annual  meeting  or  otherwise  provided  for,  shall  be 
called  by  the  board  when  a  majority  of  the  qualified  voters  of  the 
district  sign  a  petition  requesting  the  same,  and  designating  therein 
the  purpose  for  which  said  meeting  is  desired.  Upon  the  reception 
of  such  petition,  the  board  shall  call  said  special  meeting,  by  notices 
thereof  to  be  given,  in  the  same  manner  as  is  provided  in  section 
10844;  and  when  assembled,  the  meeting  shall  be  organized  by  the 


Revised  School  Laws.  29 

election  of  a  chairman  and  a  secretary,  who  shall  keep  a  correct 
record  of  the  transactions  of  the  meeting,  said  record  to  be  signed 
by  the  secretary,  attested  by  the  chairman,  and  filed  with  the 
district  clerk,  who  shall  enter  the  same  upon,  the  records  of  the 
district;  but  said  meeting  shall  have  no  power  to  act  upon  any 
proposition  not  contained  in  the  petition  and  submitted  -in,  the 
notices.  (R.  S.  1899,  §  9780,  amended,  L.  1909,  p.  770.) 

Special  meeting  may  be  called  for  purpose  of  continuing  school  beyond  period 
required  by  Constitution.  27  A.  36. 

Note  that  special  school  meetings  shall  be  called  by  the  board  "when  a  majority 
of  the  qualified  voters  of  the  district  sign  a  petition  requesting  the  same,  and  designat- 
ing therein  the  purpose  for  which  said  meeting  is  desired." 

The  special  meeting  when  called  can  vote  only  on  the  propositions  set  forth  in 
the  petition  and  notices.  Of  the  items  under  10845  the  following  are  "restricted  to  the 
annual  meeting  or  otherwise  provided  for:"  Item  2  (election  of  directors);  item  3 
(filling  of  vacancy  in  board),  restricted  to  the  annual  meeting  by  section  10847;  item  4 
(increase  of  levy  for  school  purposes),  otherwise  provided  for  by  section  10796;  item  6 
(change  of  boundary),  restricted  to  the  annual  meeting  by  section  10837;  item  8  (elec- 
tion of  superintendent),  restricted  to  annual  meeting  by  section  10930;  item  9  (levy  for 
building  purposes),  otherwise  provided  for  by  section  10797.  The  following  items  under 
10845  are  "not  restricted  to  the  annual  meeting  or  otherwise  provided  for,"  and  there- 
fore, may  be  acted  upon  at  a  special  meeting  called  under  section  10799:  Item  4  (increase 
of  school  term)  ;  item  5  (to  vote  sum  for  library)  ;  item  7  (sale  of  school  property 
no  longer  needed  for  use  of  district)  ;  item  10  (location  of  schoolhouse  site)  ;  item  11 
(change  of  schoolhouse  site). 

The  law  does  not  limit  the  number  of  times  a  proposition  may  be  submitted  to 
the  legal  voters  of  a  school  district.  A  proposition  not  restricted  to  the  annual  meeting 
nor  "otherwise  provided  fo'r"  may  be  submitted  as  often  as  a  majority  of  the  qualified 
voters  of  the  district  will  sign  a  petition  requesting  that  a  special  meeting  be  called, 
and  designating  the  purpose  for  which  such  special  meeting  is  desired.  Upon  reception 
of  such  petition,  the  board  of  directors  must  call  the  meeting. 

FORM  OF  PETITION  FOR  SPECIAL  SCHOOL,  MEETING. 

We,   the  undersigned,   a  majority  of  the  qualified  voters  residing  in  school  district 

No.   ,    county   of  ,    state   of  Missouri,    desire  that  a   special   meeting  of  the 

qualified  voters  of  said  district  be  called  for  the  purpose  of 


FORM  FOR  NOTICE  OF  SPECIAL  SCHOOL  MEETING. 

Notice  is  hereby  given  to  the  qualified  voters  of  district  No.  ,  county  of , 

and  state  of  Missouri,  that  in  conformity  with  the  petition  of  a  majority  of  the  resi- 
dent voters  of  said  district,  a  special  school  meeting  will  be  held  at  ,  in  said 

district,  on  the  day  of  ,  19—,  commencing  at  2  o'clock  p.  m.,  for  the 

following  purposes,  viz. : 

Done  by  order  of  the  board  this  day  of  ,   19—. 


District  Clerk. 


NOTE.— The  above  notice  should  state  distinctly  the  purpose  for  which  the  meet- 
Ing  is  called,  and  should  be  posted  fifteen  days  before  the  day  set  for  the  meeting. 


30  Revised  School  Laws. 

Sec.  10800.  School  day,  week,  month  and  year. — The  school 
day  shall  consist  of  six  hours  occupied  in  actual  school  work;  the 
school  week  shall  consist  of  five  school  days,  except  when  thanks- 
giving day,  December  25,  February  22  or  July  4  shall  fall  upon 
a  regular  school  day,  then  the  four  remaining  school  days,  if  taught, 
shall  constitute  a  legal  school  week;  the  school  month  shall  consist 
of  four  weeks ;  and  the  school  year  shall  commence  on  the  first  day 
of  July  and  end  on  the  thirtieth  day  of  June  following.  (R.  S. 
1899,  §  9781,  re-enacted,  L.  1909,  p.  770.) 

By  long  established  custom,  a  great  majority  of  our  rural  schools  divide  the 
school  day  as  follows :  9 :00,  opening ;  a  ten-minute  recess  middle  of  forenoon ;  12 :00 
to  1 :00,  noon ;  1 :00,  opening  of  afternoon  session ;  a  ten-minute  recess  middle  of  after- 
noon ;  4  :00,  dismissal. 

Consensus  of  opinion  approves  this  plan  as  best  for  children.  The  phrase  "six 
hours  occupied  in  actual  school  work"  has  reference  to  work  by  the  teacher  in  and 
about  the  schoolroom.  The  above  programme  fulfills  the  requirement.  For,  from  the 
nature  of  the  case,  the  full  time  of  the  teacher  is  occupied  during  the  forenoon  and 
afternoon  recesses  in  looking  after  the  heating,  ventilation  and  innumerable  other 
matters  of  detail  which  cannot  be  attended  to  except  when  the  greater  number  of 
children  are  ^at  liberty.  But  this  is  "actual  school  work."  In  most  of  the  well 
organized  city  and  town  schools  the  children  of  the  higher  grades  are  engaged  in  study 
and  recitation  about  five  hours  daily ;  the  smaller  children  a  much  shorter  time. 
Counting  work  in  and  about  the  school  before  9  a.  m.,  at  noon,  and  after  4  p.  m.,  good 
teachers  in  good  schools  usually  spend  from  seven  to  nine  hours  daily  in  "actual  school 
work."  This  they  do  voluntarily  and  cheerfully— at  times  overruling  the  protests  of  the 
janitor. 

There  are  no  legal  school  holidays  except  those  specified  in  this  section.  General 
election  day  and  New  Year's  day  are  not  legal  school  holidays. 

Some  schools  have  adopted  the  Monday  holiday,   and  teach  on  Saturday. 

The  state  superintendent  will  try  to  visit  each  county  in  the  state  once  every  two 
years.  He  would  be  glad  if  directors  and  teachers  would  agree  to  take  a  day  off  and 
meet  him  on  such  occasions  to  discuss  with  him  some  important  school  questions.  A 
day  so  spent  will  not  be  lost.  There  is  nothing  in  law  to  prevent  such  suspension,  and 
to  prevent  the  board's  paying  teacher  for  that  day. 

Sec.  10801.  Arbor  day.— The  first  Friday  after  the  first  Tues- 
day in  April  of  each  year  is  hereby  set  apart  as  arbor  day  for  this 
state,  and  all  teachers,  pupils  and  patrons  are  requested  to  observe 
the  same  in  their  respective  school  districts  by  encouraging  the 
planting  of  trees,  shrubbery  and  flowers  upon  and  around  the 
school  grounds  of  their  districts,  that  said  grounds  may  be  rendered 
pleasant  and  attractive — a  part  of  said  day  tq  be  devoted  to  literary 
exercises,  having  special  reference  to  the  work  in  hand,  as  the 
teacher  or  committee  in  charge  may  direct,  and  the  afternoon  to 
be  devoted  to  the  improvement  and  ornamentation  of  the  school 
grounds.  (R.  S.  1899,  §  9782,  re-enacted,  L.  1909,  p.  770.) 

Arbor  day  properly  observed  will  cultivate  good  taste  and  sentiment.  The  planting 
of  trees,  shrubs  and  flowers  and  giving  them  proper  cultivation  should  be  regarded 
by  teachers  and  pupils  as  a  privilege.  The  school  premises  have  a  great  educating 
influence.  The  directors  should  see  to  it  that  the  school  grounds  are  fully  supplied 
with  trees  and  grasses. 

The  shrubs  and  flowers  and  little  experimental  garden  belong  properly  to  the 
teachers  and  pupils.  Arbor  day  is  a  day  for  special  culture  by  means  of  these  things. 
The  trees,  shrubs,  grasses  and  flowers  should  be  well  kept  all  the  year  round.  The 


Revised  School  Laws.  31 

schoolhouse  and  grounds  should  constitute  the  culture  center  of  each  district.  They 
should  be  so  kept  as  to  exercise  a  wholesome  influence  on  the  children  of  the  district 
all  the  year  round.  Recollections  of  the  libra^,  the  clean  floors  and  furniture,  the 
well-kept  lawn,  the  shade  trees  and  flower  beds,  should  be  made  green  spots  in  memory 
for  all  time  to  come.  In  fact,  the  schoolhouse  and  grounds  and  everything  connected 
therewith  should  be  as  inviting  as  the  best  home  in  the  district. 

Sec.  10802.  Injuring  school  property — failure  of  certain 
officers  to  perform  duty — penalty. — Every  person  who  shall  will- 
fully injure  or  destroy  any  building  used  as  a  schoolhouse,  or  for 
other  educational  purposes,  or  any  furniture,  fixtures  or  apparatus 
thereto  belonging,  or  who  shall  deface,  mar  or  disfigure  any  such 
building,  furniture  or  fixtures,  by  writing,  painting,  cutting  or 
pasting  thereon,  any  likeness,  figures,  words  or  devices,  shall  be 
fined  in  a  sum  double  the  amount  of  damage  done  to  any  such 
building,  furniture  or  apparatus,  and  shall  be  fined  in  a  sum  not 
less  than  ten  nor  more  than  fifty  dollars  for  each  offense  for  writ- 
ing, painting,  cutting  or  pasting  on  any  such  building,  furniture  or 
fixtures  any  such  words,  figures,  likeness  or  device,  to  be  recovered 
by  civil  proceedings  in  any  court  of  competent  jurisdiction,  in  the 
name  and  to  the  use  of  the  school  district  to  which  the  property 
may  belong;  and  the  punishment  provided  in  this  section  to  be  in 
addition  to  and  not  in,  lieu  of  the  punishment  provided  by  the 
statute  regulating  crimes  and  punishments  for  such  offenses.  Any 
district  or  county  clerk,  county  superintendent,  county  treasurer, 
school  director  or  other  officer,  who  shall  willfully  neglect  or  refuse 
to  perform  any  duty  or  duties  pertaining  to  his  office  under  this 
chapter,  shall  be  regarded  as  guilty  of  a  misdemeanor  and  subject 
to  a  fine  of  not  more  than  one  hundred  dollars,  to  be  recovered  in 
any  court  of  law  in  this  state  having  competent  jurisdiction.  (R. 
S.  1899,  §  9783,  amended,  L.  1909,  p.  770.) 

This  section  imposes  a  penalty,  (1)  for  injuring  school  property;  (2)  for  failure 
to  perform  official  duty.  Observe  in  each  case  the  word  "willful."  "To  sustain  a  charge 
of  misdemeanor  in  office,  it  must  be  confined  to  official  conduct;  that  conduct  must  be 
shown  to  have  been  loillfully  corrupt."  41  Mo.  210.  The  word  willfully,  as  used  in  this 
section,  means  intentionally,  and  knowingly. 

For  full  information  as  to  how  to  proceed  in  misdemeanor  cases,  before  justices 
of  the  peace,  see  article  4,  chapter  37  of  the  Revised  Statutes  of  1909.  Disturbances 
of  the  school  may  be  punished  as  prescribed  in  section  4713,  Revised  Statutes,  1909. 

Sec.  10803.  School  moneys*  how  applied. — All  money  arising 
from  taxation  shall  be  paid  out  only  for  the  purposes  for  which 
they  were  levied  and  collected;  but  the  income  from  state,  county 
and  township  funds  shall  be  applied  only  to  the  payment  of  teach- 
ers* warrants,  issued  by  order  of  the  board  to  legally  qualified 
teachers  for  services  rendered  according  to  law.  No  county  or 
township  treasurer  shall  honor  any  warrant  against  any  school  dis- 
trict that  is  in  excess  of  the  income  and  revenue  of  such  school 
district  for  the  school  year  beginning  on  the  first  day  of  July  and 
ending  on  the  thirtieth  day  of  June  following ;  nor  shall  any  portion 
of  the  funds  mentioned  in  this  section  be  applied  in  payment  of 


32  Revised  School  Laws. 

any  teachers'  warrant  issued  prior  to  the  distribution  of  such  funds 
in  accordance  with  section  10822,  and  no  school  warrant  shall  bear 
interest.  (R.  S.  1899,  §  9790,  re-enacted,  L.  1909,  p.  770.) 

School  taxes  can  only  be  applied  to  the  purposes  for  which  they  were  levied,  and 
if  after  a  levy  to  build  a  schoolhouse  the  district  is  divided,  the  taxes  thus  levied 
must  be  applied  toward  building  the  particular  schoolhouse  for  which  they  were 
levied.  State  ex  rel.  v.  Thompson,  64  Mo.  26 ;  Rice  v.  McClellan,  58  Mo.  116.  See  section 
9364.  Judgment  against  a  school  district  should  specify  nature  of  the  claim  upon  which 
it  is  founded,  so  that  board  will  know  out  of  what  fund  it  should  be  paid,  otherwise 
its  payment  cannot  be  enforced  by  mandamus.  State  ex  rel.  v.  Board,  97  A.  613. 

Liability  of  county  court  for  diversion  of  county  school  fund.    110  Mo.  67. 

This  section  further  emphasizes  the  distinctness  of  the  three  funds  and  provides 
"no  county  or  township  treasurer  shall  honor  any  warrant  against  any  school  district 
that  is  in  excess  of  the  income  and  revenue  of  such  school  district  for  the  school  year 
beginning  on  the  1st  day  of  July  and  ending  on  the  30th  day  of  June  following." 
Article  10,  section  12  of  the  Constitution  of  Missouri,  upon  which  the  above  quoted 
provision  is  based,  reads :  "No  school  district  shall  be  allowed  to  become  indebted  in 
any  manner  or  for  any  purpose  to  an  amount  exceeding,  in  any  year,  the  income 
and  revenue  provided  for  such  year,  without  the  assent  of  two-thirds  of  the  voters 
thereof  voting  at  an  election  to  be  held  for  that  purpose."  These  provisions  oblige 
the  board  to  so  manage  the  expenditures  of  the  district  as  to  make  each  year  take 
care  of  itself.  No  treasurer  is  permitted  to  cash  a  warrant  in  excess  of  the  revenue 
provided  for  the  school  year  in  which  such  warrant  is  issued.  A  warrant,  however, 
may  be  issued  when  there  is  no  money  in  the  proper  fund  to  pay  it,  as  taxes  may  be 
collected  before  the  end  of  the  school  year— June  30— thus  permitting  this  warrant  to 
be  legally  paid. 

Sec.    10804.     Teachers — certificate    before    employment. — No 

teacher  shall  be  employed  in  any  school  supported  by  the  public 
funds,  or  any  part  thereof,  until  he  has  received  a  certificate  of 
qualification  therefor,  signed  by  the  county  superintendent  of  the 
county,  the  state  superintendent,  or  a  certificate  or  diploma  issued 
by  the  state  university  or  some  normal  school  of  this  state  entitling 
him  to  teach  in  the  public  schools.  (R.  S.  1899,  §  9796,  amended, 
L.  1909,  p.  770.) 

Under  this  section  the  board  may  employ  a  person  who  holds  a  proper  certificate 
to  teach,  though  such  certificate  will  expire  before  the  end  of  the  term  for  which  he  is 
hired.  Hibbard  v.  Smith,  135  A.  721.  Teacher's  contract  is  not  invalid,  though  he 
have  no  certificate  when  contract  is  signed,  provided  he  procure  such  certificate  by 
the  time  fixed  for  school  to  open.  Crabb  v.  District,  93  Mo.  254. 

See  cases  cited  under  sections  10787  and  10788. 

This  section  prohibits  the  employment  of  a  teacher  not  holding  a  certificate.  This 
includes  substitute  teachers.  Whenever  a  substitute  teacher  teaches  for  even  a  day 
or  a  week,  he  must  have  a  certificate. 

Employment  in  this  section  means  the  act  of  teaching.  A  teacher's  services  may  be 
engaged  before  he  gets  a  certificate,  but  he  must  secure  a  certificate  before  his 
employment  begins. 

Sec.  10805.  Teachers  and  directors  guilty  of  misdemeanor, 
when. — Any  teacher  who  shall  enter  a  public  school  in  this  state 
to  teach,  govern  or  discipline  the  same  before  complying  with  the 
provisions  of  sections  10787  and  10804  shall  forfeit  all  right,  title 
and  claim  to  any  compensation  therefor,  and  shall  be  deemed  guilty 
of  *a  misdemeanor  and  punished  by  a  fine  not  to  exceed  one  hun- 
dred dollars ;  and  any  director  who  shall  indorse  or  encourage  said 


'Revised  School  Laws.  83 

teacher  in  such  unlawful  conduct  shall  in  like  manner  be  deemed 
guilty  of  a  misdemeanor  and  punishable  by  a  like  fine.  (R.  S.  1899, 
§  9797,  amended,  L.  1909,  p.  770.) 

Sec.  10806.  Instruction  in  physiology  and  hygiene. — Physi- 
ology and  hygiene,  including  their  several  branches,  with  special 
instruction  as  to  tuberculosis,  its  nature,  causes  and  prevention, 
and  the  effect  of  alcoholic  drinks,  narcotics  and  stimulants  on  the 
human  system,  shall  constitute  a  part  of  the  course  of  instruction, 
and  be  taught  in  all  schools  supported  wholly  or  in  part  by  public 
money  or  under  state  control.  (R.  S.  1899,  §  9799,  amended,  L. 
1909,  p.  770.) 

Sec.  10807.  Register  of  attendance.— It  shall  be  the  duty  of 
every  teacher  employed  in  any  of  the  public  schools  of  the  state  to 
keep  a  daily  register,  in  which  the  names,  ages  and  date  of  entrance 
of  the  pupils  shall  be  entered,  and  the  studies  pursued  by  the 
same;  the  date  of  each  visitation  by  the  directors  or  other  school 
officers,  which  register  shall  be  open  to  the  inspection  of  the  public 
at  all  times.  (R.  S.  1899,  §  9800,  re-enacted,  L.  1909,  p.  770.) 

Teachers'  register  kept  under  this  section  is  evidence  of  the  age  of  pupil  whose 
name  appears  therein.  Levels  v.  Ry.,  196  Mo.  606. 

Sec.  10808.  County  school  funds. — It  is  hereby  made  the  duty 
of  the  several  county  courts  of  this  state  to  diligently  collect,  pre- 
serve and  securely  invest,  at  the  highest  rate  of  interest  that  can 
be  obtained,  not  exceeding  eight  nor  less  than  four  per  cent,  per 
annum,  on  unincumbered  real  estate  security,  worth  at  all  times 
at  least  double  the  sum  loaned,  and  may,  in  its  discretion,  require 
personal  security  in  addition  thereto,  the  proceeds  of  all  moneys, 
stocks,  bonds  and  other  property  belonging  to  the  county  school 
fund ;  also,  the  net  proceeds  from  the  sale  of  estrays ;  also,  the  clear 
proceeds  of  all  penalties  and  forfeitures,  and  of  all  fines  collected 
in  the  several  counties  for  any  breach  of  the  penal  or  military  laws 
of  this  state,  and  all  moneys  which  shall  be  paid  by  persons,  as  an 
equivalent  for  exemption  from  military  duty,  shall  belong  to  and 
be  securely  invested  and  sacredly  preserved  in  the  several  counties 
as  a  county  public  school  fund,  the  income  of  which  fund  shall  be 
collected  annually,  and  faithfully  appropriated  for  establishing  and 
maintaining  free  public  schools  in  the  several  counties  of  this  state. 
(R.  S.  1899,  §  9824,  amended,  L.  1909,  p.  770.) 

A  party  who  signed  a  school  fund  bond  as  additional  security  and  looked  after 
payment  of  interest  thereon  for  six  years,  cannot  escape  liability  by  proving  that  the 
only  authority  for  demanding  such  bond  was  an  order  made  nunc  pro  tune  by  county 
court  after  such  bond  was  signed.  The  county  court  cannot  release  a  surety  nor 
delegate  its  power  to  make  loans  of  school  funds.  Montgomery  Co.  v.  Auchly,  103  Mo. 
493.  An  attorney's  fee  and  expenses  incurred  in  protecting  school  funds  should  be  paid 
out  of  the  school  fund  protected.  Morrow  v.  Pike  Co.,  189  Mo.  610.  A  second  mortgage 
on  real  estate  should  not  be  taken,  but  when  taken  is  a  valid  lien.  Sharp  v.  Collins, 
74  Mo.  266. 

Failure  of  county  court  to  take  mortgage  in  fee  on  unincumbered  real  estate  does 
not  release  surety  on  note.  15  Mo.  604. 

S. 


I 


34  Revised  School  Laws. 

Powers  of  county  court,  sureties  on  school  fund,  bonds,  etc.,  discussed.  103  Mo. 
492.  The  judges  of  the  county  court  will  be  held  accountable  for  any  diversion  of  the 
school  funds.  110  Mo.  67. 

Sec.  10809.  School  fund  not  to  be  loaned  to  certain  persons — 
penalty. — The  county  court  shall  not  loan  any  money  belonging  to 
the  school  fund  to  any  officer  of  the  county  or  his  deputy,  nor  shall 
such  officer  or  his  deputy  be  accepted  as  security  on  the  obligation 
given  by  the  person  borrowing.  Any  officer  of  the  county  who  shall 
violate  the  provisions  of  this  section  by  authorizing  any  such  loan 
or  drawing  any  warrant  for  moneys  loaned  in  violation  of  this  sec- 
tion shall  be  held  responsible  for  the  sum  so  loaned,  with  interest 
thereon,  to  be  recovered  in  the  name  of  the  county  to  the  use  of  the 
district  whose  fund  has  been  so  used.  (R.  S.  1899,  §  9825,  re- 
enacted,  L.  1909,  p.  770.) 

Sec.  10810.  County  court  to  have  jurisdiction  of  county  school 
fund. — Whenever  any  county  in  this  state  may  have,  separate  and 
apart  from  the  township  funds,  any  public  school  fund  arising  from 
any  source  whatever,  the  same  shall  be  under  the  jurisdiction  of 
the  county  court  of  said  county,  who  shall  be  governed  in  its  care 
and  investment  by  the  same  rules  and  regulations  as  govern  its 
actions  in  the  township  funds — the  proceeds  of  said  funds  to  be 
collected  annually  and  distributed  as  provided  in  section  10822. 
(R.  S.  1899,  §  9826,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10811.  Collection  of  fines  and  penalties  and  other  school 
moneys. — The  county  treasurer  shall  collect,  or  cause  to  be  col- 
lected, all  school  moneys  mentioned  in  section  10808,  and  all  other 
moneys  for  school  purposes  in  his  county,  and  shall  give  the  party 
paying  duplicate  receipts  therefor,  and  said  party  shall  file  one  of 
said  receipts  with  the  county  clerk,  who  shall  file  the  same  and 
charge  the  same  to  the  county  treasurer ;  said  clerk  shall  thereupon 
credit  the  bond  and  mortgage  with  the  amount  of  said  receipt,  and 
when  the  amount  of  said  receipts  is  in  full  of  all  interest  and  prin- 
cipal of  said  bond  and  mortgage,  then  the  clerk  shall  satisfy  said 
mortgage  of  record.  Any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor  and  punished  by 
a  fine  not  to  exceed  five  hundred  dollars.  (R.  S.  1899,  §  9827,  re- 
enacted,  L.  1909,  p.  770.) 

County  clerk  has  no  authority  to  collect  school  funds,  and  a  payment  to  him 
does  not  release  mortgage.  County  v.  Goggin,  105  Mo.  182. 

Sec.  10812.  Township  school  fund,  source  of. — The  proceeds 
of  the  sixteenth  section,  or  other  lands  selected  in  lieu  thereof,  the 
interest  of  such  proceeds,  the  rents  and  profits  of  such  lands,  and 
all  the  public  school  moneys  which  shall  be  apportioned  to  any  un- 
organized township,  arising  from  dividends,  proceeds  and  profits 
of  the  public  school  fund,  shall  constitute  a  township  school  fund. 
(R.  S.  1899,  §  9828,  re-enacted,  L.  1909,  p.  770.) 


Revised  School  Laws.  35 

In  action  by  state  to  recover  land,  production  of  survey  not  necessary  where 
answer  sufficiently  admits  land  claimed  has  been  sufficiently  designated.  19  Mo.  607. 
When  state  and  inhabitants  estopped  from  afterwards  claiming  land.  18  Mo.  313.  Title 
of  state  of  Missouri  to  sixteenth  section  granted  by  act  of  Congress,  March  6,  1820,  for 
school  purposes,  is  not  impaired  or  destroyed  by  previous  location  of  a  New  Madrid 
certificate  upon  these  sections.  13  Mo.  139. 

Sec.  10813.  Management  of  school  funds. — The  county  courts, 
respectively,  shall  have  the  care  and  management  of  the  school 
funds  of  the  several  townships  within  their  respective  jurisdic- 
tions, and  shall  cause  accounts  thereof  to  be  stated  and  kept  so  as 
to  exhibit  the  funds  of  each  township  separately,  and  the  disposi- 
tion thereof.  (R.  S.  1899,  §  9829,  re-enacted,  L.  1909,  p.  770.) 

The  county  court,  in  its  management  of  township  school  funds,  acts  for  benefit  of 
the  several  townships  who  hold  the  equitable  title  to  such  funds.  County  courts 
should  obtain  additional  security  or  foreclose  mortgages  whenever  the  security  from 
any  cause  becomes  unsafe.  Ray  Co.  v.  Bentley,  49  Mo.  236 ;  State  ex  rel.  v.  Bonner, 
5  A.  13.  Since  the  case  of  Ray  Co.  v.  Bentley  (49  Mo.  236)  was  decided,  section  10821 
has  been  enacted,  authorizing  counties  to  purchase  lands  sold  under  school  mortgage. 
(Acts  1874,  p.  161.) 

Sale  of  land,  mortgaged  for  school  funds,  loaned,  made  by  sheriff,  without  proper 
order  from  county  court,  is  a  nullity.  53  Mo.  147. 

Sec.  10814.     Transfer  of  funds  when  county  lines  are  changed. 

Whenever,  by  the  establishment  of  a  new  county  or  change  of 
county  lines,  any  township  shall  fall  within  the  jurisdiction  of  a 
different  county,  the  court  having  charge  of  the  public  school  fund 
of  said  township  shall  cause  an  account  thereof  to  be  stated,  and  the 
funds,  together  with  all  mortgages,  bonds  and  other  securities  be- 
longing to  the  said  fund,  shall  be  transferred  to  the  court  of  the 
county  thus  acquiring  jurisdiction  over  such  township.  (R.  S. 
1899,  §  9830,  amended,  L.  1909,  p.  770.) 

Sec.  10815.  Capital  of  township  fund,  how  invested. When- 
ever there  shall  be  in  the  county  treasury  any  money  belonging  to 
the  capital  of  the  school  fund  of  any  township  therein,  the  county 
court  of  such  county  shall  loan  the  same  for  the  highest  interest 
that  can  be  obtained,  not  exceeding  eight  nor  less  than  four  per 
cent,  per  annum,  upon  conditions  and  subject  to  the  restrictions 
hereinafter  set  forth.  (R.  S.  1899,  §  9831,  re-enacted,  L.  1909 
p.  770.) 

A  county  court  having  loaned  school  funds  has  no  right,  upon  application  of  the 
inhabitants  of  the  township,  to  reduce  the  rate  of  interest.  The  county  courts  are 
trustees  for  these  funds,  and  cannot  dispose  of  principal  or  interest  otherwise  than  the 
law  prescribes.  And  if  by  order  they  reduce  the  rate  of  interest  on  the  loan,  they  may  be 
compelled  by  mandamus  to  collect  the  full  amount  originally  contracted  for.  15  Mo.  412 ; 
103  Mo.  492. 

Sec.  10816.  Security  for  loans. — When  any  moneys  belonging 
to  said  funds  shall  be  loaned  by  the  county  courts,  they  shall  cause 
the  same  to  be  secured  by  a  mortgage  in  fee  on  real  estate  within 
the  county,  free  from  all  liens  and  incumbrances,  of  the  value  of 
double  the  amount  of  the  loan,  with  a  bond,  and  may,  if  they  deem 


36  Revised  School  Laivs. 

it  necessary,  also  require  personal  security  on  such  bond;  and  no 
loan  shall  be  made  to  any  person  other  than  an  inhabitant  of  the 
same  county,  nor  shall  any  person  be  accepted  as  security  who  is 
not  at  the  time  a  resident  householder  therein,  who  does  not  own 
and  is  not  assessed  on  property  in  an  amount  equal  to  that  loaned, 
in  addition  to  all  the  debts  for  which  he  is  liable  and  property  ex- 
empt from  execution.  In  all  cases  of  loan,  the  bond  shall  be  to  the 
county,  for  the  use  of  the  township  to  which  the  funds  belong,  and 
shall  specify  the  time  when  the  principal  is  payable,  rate  of  in- 
terest and  the  time  when  payable;  that  in  default  of  payment  of 
the  interest,  annually,  or  failure  by  principal  in -the  bond  to  give 
additional  security  when  thereto  lawfully  required,  both  the  prin- 
cipal and  interest  shall  become  due  and  payable  forthwith,  and 
that  all  interest  not  punctually  paid  shall  bear  interest  at  the  same 
rate  of  interest  as  the  principal.  But  before  any  loan  shall  be 
effected,  the  borrower  shall  file  with  the  county  court  an  abstract 
of  title  at  the  time  he  files  his  bond  and  mortgage  to  the  real  estate 
which  is  to  be  mortgaged.  (R.  S.  1899,  §  9832,  amended,  L.  1909, 
p.  770.) 

The  county  is  the  proper  party  to  maintain  suit  for  township  funds  loaned. 
Lafayette  Co.  v.  Hixon,  69  Mo.  581;  State  ex  rel.  v.  Sappington,  68  Mo.  454.  County 
court  has  right  to  release  mortgage  on  one  tract  and  accept  mortgage  on  other  lands  to 
secure  the  debt  when  this  can  be  done  without  detriment  or  risk  to  the  school  fund, 
and  sureties  on  personal  bond  cannot  complain  unless  they  are  injured.  Lafayette 
Co.  v.  Hixon,  69  Mo.  581.  A  chattel  mortgage  given  to  county  as  additional  security 
without  any  demand  having  been  made  for  such  additional  security  is  void  as  to 
unsecured  creditors  of  mortgagor.  Paddock  et  al.  v.  McDonald,  61  A.  559. 

County  court  has  power  to  release  mortgage  taken  as  security  for  school  funds 
upon  receiving  in  its  place  mortgage  upon  other  lands.  74  Mo.  266;  103  Mo.  492;  108 
Mo.  294.  Mortgage  given  to  count}'  to  secure  loan  of  school  money  is  not  void  because 
it  is  a  school  mortgage.  This  statute  is  directory.  74  Mo.  266. 

Sec.  10817.  Form  of  mortgage — notice  of  sale — fees,  how 
paid. — Every  mortgage  taken  under  the  provisions  of  this  chapter 
shall  be  in  the  ordinary  form  of  a  conveyance  in  fee,  shall  recite 
the  bond,  .and  shall  contain  a  condition  that  if  default  shall  be 
made  in  payment  of  principal  or  interest,  or  any  part  thereof,  at 
the  time  when  they  shall  severally  become  due  and  payable,  ac- 
cording to  the  tenor  and  effect  of  the  bond  recited,  the  sheriff  of 
the  county  may,  upon  giving  twenty  days'  notice  of  the  time  and 
place  of  sale,  by  publication  in  some  newspaper  published  in  the 
county,  if  there  be  one  published,  and  if  not,  by  at  least  six  written 
or  printed  handbills,  put  up  in  different  public  places  in  the  county, 
without  suit  on  the  mortgage,  proceed  and  sell  the  mortgaged 
premises,  or  any  part  thereof,  to  satisfy  the  principal  and  interest, 
and  make  an  absolute  conveyance  thereof,  in  fee,  to  the  purchaser, 
which  shall  be  as  effectual  to  all  intents  and  purposes  as  if  such 
sale  and  conveyance  were  made  by  virtue  of  a  judgment  of  a  court 
of  competent  jurisdiction  foreclosing  the  mortgage.  In  all  cases 
of  loan  of  school  funds  in  the  various  counties,  the  expense  of 


Revised  School  Laws.  37 

drawing  and  preparing  securities  therefor,  and  of  acknowledging 
and  recording  mortgages,  including  the  fees  of  all  officers  for  the 
filing,  certifying  or  recording  such  mortgages  and  other  securities, 
shall  be  paid  by  the  borrowers  respectively.  (R.  S.  1899,  §  9833, 
re-enacted,  L.  1909,  p.  770.) 

The  provisions  of  this  section  in  regard  to  form  of  mortgage  are  directory,  and 
immaterial  departures  from  its  requirements  will  be  disregarded.  A  common  law 
mortgage  given  for  school  funds  creates  a  valid  lien.  Mann  v.  Best,  62  Mo.  491;  Grant 
v.  Huston,  105  Mo.  97;  Snyder  v.  Ry.,  131  Mo.  568.  A  school  mortgage  made  in  pur- 
suance of  this  section  cannot  be  foreclosed  by  sheriff  until  the  county  court  has  made 
and  delivered  to  him  its  order  commanding  such  foreclosure,  as  provided  in  section 
10819.  Benton  Co.  v.  Morgan,  163  Mo.  661,  676. 

Sale  under  foreclosure  of  school  fund  mortgage  held  a  sale  for  cash,  as  required 
by  its  terms.  131  Mo.  568;  115  Mo.  524.  Where  mortgage  is  taken  for  loan  of  school 
fund,  statute  must  be  in  all  respects  complied  with.  62  Mo.  491. 

'See.   10818.     County  court  may  require  additional  security. 

The  county  court  shall  have  power,  from  time  to  time,  to  require 
additional  security  to  be  given  on  said  bond  when  they,  in  their 
judgment,  deem  it  necessary  for  the  better  preservation  of  the 
fund.  If  such  additional  security  be  not  given  within  ten  days 
after  an  order  to  that  effect  shall  be  made  and  served  on  the  prin- 
cipal in  the  bond,  and  in  all  cases  of  default  in  the  payment  of  in- 
terest, the  court  shall  proceed  to  enforce  payment  of  both  principal 
and  interest  by  writ,  or  in  a  summary  manner,  as  provided  in  this 
chapter.  (R.  S.  1899,  §  9834,  re-enacted,  L.  1909,  p.  770.) 

County  court  may  require  additional  security.    103  Mo.  492. 

Sec.    10819.     County   court   may  make   order  of  sale,   when. 

Whenever  the  principal  and  interest,  or  any  part  thereof,  secured 
by  mortgage  containing  a  power  to  sell,  shall  become  due  and  pay- 
able, the  county  court  may  make  an  order  to  the  sheriff,  reciting 
the  debt  and  interest  to  be  received,  and  commanding  him  to  levy 
the  same,  with  costs,  upon  the  property  conveyed  by  said  mort- 
gage, which  shall  be  described  as  in  the  mortgage;  and  a  copy  of 
such  order,  duly  certified,  being  delivered  to  the  sheriff,  shall  have 
the  effect  of  a  fieri  facias  on  a  judgment  of  foreclosure  by  the  cir- 
cuit court,  and  shall  be  proceeded  with  accordingly.  (R.  S.  1899, 
§  9835,  re-enacted,  L.  1909,  p.  770.) 

County  court  has  power  under  the  Constitution  to  order  the  foreclosure  of  school 
mortgages,  as  provided  in  this  section,  but  if  the  sheriff  sell  before  receiving  certified 
copy  of  the  order  of  the  court,  the  sale  is  void.  Benton  Co.  v.  Morgan,  163  Mo.  661. 
An  error  in  sheriff's  notice  of  sale,  if  not  known  to  purchaser,  does  not  affect  validity 
of  sale.  Mitchell  v.  County,  80  Mo.  257.  When  county's  agent  was  misled  by  sheriff 
and  purchaser,  sale  may  be  set  aside  for  gross  inadequacy  of  consideration.  Cole  Co. 
v.  Madden,  91  Mo.  585.  When  sale  under  school  mortgage  is  invalid  because  the  order 
of  sale  did  not  properly  recite  the  debt,  the  purchaser  becomes  subrogated  to  the 
rights  of  mortgagor.  Honaker  v.  Shough,  55  Mo.  472.  Such  purchaser  cannot  collect 
from  mortgagor  unpaid  balance  of  the  mortgage ;  such  balance  not  covered  by  pur- 
chaser's bid  belongs  to  county.  Wells  v.  County,  80  Mo.  424.  For  selling  under  school 
mortgage,  sheriff  is  entitled  to  same  fee  as  for  sales  under  executions.  Jackson  Qo.,  y, 
Stone,  }68  Mo,  §77, 


38  Revised  School  Laws. 

Where  order  of  county  court,  foreclosing  mortgage  given  to  county  to  secure 
school  debt,  did  not  truly  recite  debt  so  as  to  sufficiently  identify  mortgage,  held  that 
sale  thereunder  did  not  transfer  title.  53  Mo.  147.  Money  expended  by  county  court 
in  suits  to  stay  waste  and  protect  security  of  school  mortgages,  held  payable  out  of  • 
fund  protected.  58  Mo.  276 ;  64  Mo.  179.  Statute  relating  to  securities  does  not  apply 
to  bonds  given  county  for  school  money.  50  Mo.  225.  When  sale  under  this  section 
will  be  set  aside  on  account  of  conduct  of  sheriff  and  agent  of  county.  80  Mo.  424; 
91  Mo.  585;  115  Mo.  524. 

Sec.  10820.     Receipts  for  principal  or  interest  of  loan  paid. 

When  any  portion  of  principal  or  interest,  or  both,  may  be  col- 
lected, as  provided  in  any  of  the  foregoing  sections,  it  shall  be  paid 
into  the  county  treasury ;  and  it  shall  be  the  duty  of  the  treasurer 
to  give  the  person  making  payment  thereof  duplicate  receipts, 
specifying  the  sums  paid  and  on  what  account.  One  of  said  re- 
ceipts shall  be  given  to  the  clerk  of  the  county  court,  who  shall  file 
and  preserve  the  same  in  his  office,  charge  the  treasurer  with'  the 
amount,  and  credit  the  payment  to  the  party  on  whose  account  it 
is  made  on  his  bond  and  mortgage.  (R.  S.  1899,  §  9836,  re-en- 
acted, L.  1909,  p.  770.) 

County  clerk  has  no  authority  to  collect  school  money  and  release  mortgage. 
Knox  Co.  v.  Groggin,  105  Mo.  182. 

Endorsement  by  county  clerk  of  payments  of  interest  upon  b6nd  given  for  loan 
of  school  moneys  is  competent  evidence  of  such  payments.  35  Mo.  395. 

Sec.  10821.     Authority   to  repossess   property    by    purchase. 

Whenever  any  property  heretofore  or  hereafter  conveyed  in  trust 
or  mortgaged  to  secure  the  payment  of  a  loan  of  school  funds  shall 
be  ordered  to  be  sold  under  the  provisions  of  this  chapter,  or  by 
virtue  of  any  power  in  such  conveyance  in  trust  or  mortgage  con- 
tained, the  county  court  having  the  care  and  management  of  the 
school  fund  or  funds  out  of  which  such  loan  was  made  may,  in  its 
discretion,  for  the  protection  of  the  interest  of  the  schools,  become, 
through  its  agent  thereto  duly  authorized,  a  bidder,  on  behalf  of 
its  county,  at  the  sale  of  such  property  as  aforesaid,  and  may 
purchase,  take,  hold  and  manage  for  said  county,  to  the  use  of  the 
township  out  of  the  school  fund  of  which  such  loan  was  made,  or  in 
its  own  name  where  such  loan  has  been  made  out  of  the  general 
school  funds,  the  property  it  may  acquire  at  such  sale  aforesaid. 
The  county  court  of  any  county  holding  property  acquired  as  afore- 
said may  appoint  an  agent  to  take  charge  of,  rent  out  or  lease  or 
otherwise  manage  the  same,  under  the  direction  of  said  court ;  but 
as  soon  as  practicable,  and  in  the  judgment  of  said  court  ad- 
vantageous to  the  school  or  schools  interested  therein,  such  prop- 
erty shall  be  resold  in  such  manner  and  on  such  terms,  at  public 
or  private  sale,  as  said  court  may  deem  best  for  the  interest  of  said 
school  or  schools;  and  the  money  realized  on  such  sale,  after  the 
payment  of  the  necessary  expenses  thereof,  shall  become  part  of 
the  school  fund  out  of  which  the  original  loan  was  made.  (R.  S. 
?  §  9837,  re-enacted,  L.  1909,  p.  7700 


Revised  School  Laws.  39 

County  can  maintain  ejectment  for  possession  of  lands  purchased  under  this  sec- 
tion. Lincoln  Co.  v.  Magruder,  3  A.  314.  When  one  has  purchased  swamp  lands  and 
given  his  mortgage  to  secure  the  purchase  price,  but  the  deed  from  county  is  not  made 
until  after  the  mortgage  is  executed,  such  deed  does  not  release  the  mortgage. 
Williams  v.  Brownlee,  101  Mo.  309. 

Sale  of  land  under  this  section,  how  set  aside.  91  Mo.  585.  Recital  in  deed  from 
county  that  -  county  had  appointed  commissioner  to  convey  land,  and  that  grantee 
therein  had  become  the  purchaser  and  paid  price  in  full  with  interest,  does  not  tend 
to  show  private  sale.  101  Mo.  309. 

Where  defendants  allege  that  the  county  court  had  an  agent  present  at  the  sale 
who  bid  on  the  property,  they  will  not  be  heard  on  appeal  to  deny  the  presence  of 
such  agent,  because  of  the  failure  of  the  county  court  to  appoint  by  entry  of  record. 
91  Mo.  585. 

Sec.  10822.  Apportionment  of  public  school  fund. — The  state 
superintendent  of  public  schools  shall,  annually,  before  August  15th, 
apportion  the  public  school  fund  applied  for  the  benefit  of  the  public 
schools  among  the  different  counties.  This  apportionment  shall  be 
made  as  follows :  The  state  superintendent  shall  apportion,  among 
the  various  counties,  fifty  dollars  for  each  teacher,  each  principal, 
and  each  supervisor  actually  employed  for  the  entire  term:  Pro- 
vided, that  any  teacher  employed  for  less  than  one-half  of  the  day 
shall  not  be  counted;  any  teacher  employed  for  less  than  one-half 
of  the  term  for  which  school  is  maintained  in  the  district  shall  not 
be  counted;  for  each  teacher  employed  for  more  than  one-half  of 
the  school  term  of  the  district  and  less  than  nine-tenths  of  the 
school  term,  he  shall  apportion  only  twenty-five  dollars :  Provided, 
also,  that  he  shall  apportion  only  twenty-five  dollars  for  the  teacher 
of  any  district  in  which  the  average  attendance  during  the  year 
preceding  the  apportionment  has  been  less  than  fifteen  pupils  per 
day:  Provided  further,  that  he  shall  apportion  one  hundred  dol- 
lars for  each  teacher  whose  salary  is  one  thousand  dollars  or  more 
per  year :  Provided,  that  he  shall  apportion  fifty  dollars  for  each 
teacher  of  any  district  that  employs  only  two  teachers,  one  of 
whom  is  colored  and  one  white:  Provided,  that  no  teacher,  prin- 
cipal, or  supervisor,  who  is  not  paid  by  the  school  board  from  the 
public  funds  of  the  district  shall  be  counted.  After  these  teacher 
apportionments  have  been  deducted  the  remainder  of  the  state 
school  fund  to  be  apportioned  shall  be  divided  by  the  total  number 
of  days'  attendance  of  all  the  pupils  of  the  public  schools  of  the 
state  and  the  quotient  thus  obtained  shall  be  called  a  pupil  daily 
apportionment.  The  amount  apportioned  to  each  district  shall  be 
determined  by  multiplying  this  pupil  daily  apportionment  by  the 
total  number  of  days'  attendance  of  all  pupils  of  each  district: 
Provided,  that  the  days'  attendance  on  legal  holidays  and  on  days 
when  the  school  is  dismissed  by  order  of  the  board  to  permit 
teachers  to  attend  teachers'  meetings  shall  be  determined  by  count- 
ing as  present  each  pupil  who  was  present  on  the  last  day  the 
school  was  in  session  before  such  intermission.  The  clerk  of  each 
school  district  shall  make  a  report  to  the  county  clerk  between 


40  Revised  School  Laws. 

June  15th  and  June  30th  of  each  year,  showing  the  number  of 
teachers  employed,  the  total  number  of  days'  attendance  of  all 
pupils,  the  length  of  the  school  term,  the  average  attendance,  the 
number  of  days  taught  by  each  teacher,  the  salary  of  each  teacher, 
and  any  other  information  that  the  state  superintendent  may  re- 
quire. The  aforesaid  report  shall  be  sworn  to  before  a  notary 
public  or  the  county  clerk.  The  county  clerk  shall  make  a  sum- 
mary of  all  these  reports  and  forward  to  the  state  superintendent 
of  public  schools,  on  or  before  July  15th,  a  report  showing  the 
total  number  of  teachers  employed  in  the  county  and  the  total 
number  of  days'  attendance  of  all  pupils  in  the  county,  the  num- 
ber of  teachers  employed  for  the  full  term,  and  the  number  for 
half  terms,  and  the  number  whose  salary  is  one  thousand  dollars 
or  more  per  year,  and  such  other  information  as  the  state  superin- 
tendent may  require.  Any  district  clerk,  county  clerk,  or  teacher, 
who  shall  knowingly  furnish  any  false  information  in  such  reports, 
or  neglect  or  refuse  to  make  aforesaid  report  shall  be  deemed  guilty 
of  a  misdemeanor  and  punishable  by  a  fine  not  exceeding  five  hun- 
dred dollars  or  imprisonment  in  the  county  jail  for  a  term  not 
exceeding  six  months  or  by  both  such  fine  and  imprisonment.  The 
state  superintendent  of  public  schools  shall  certify  the  amount  so 
apportioned  to  the  state  auditor,  also  to  the  county  clerk  of  each 
county,  stating  from  what  source  the  same  is  derived,  which  said 
sum  the  several  county  treasurers  shall  retain  in  their  respective 
county  treasuries  from  the  state  fund;  the  county  clerks  shall  an- 
nually before  September  first,  according  to  the  same  provisions 
hereinbefore  stated,  for  determining  the  apportionment  of  the 
state  school  fund  by  the  state  superintendent  of  public  schools 
proceed  to  apportion  the  state  school  fund  for  their  respective 
counties;  and  no  district,  city,  or  town  which  shall  have  failed  to 
make  this  report  to  the  county  clerk  hereinbefore  required,  shall 
be  entitled  to  receive  any  portion  of  the  public  school  funds;  and 
in  making  such  distribution,  each  county  clerk  shall  apportion  all 
moneys  collected  on  tax  duplicate  of  any  district,  for  the  use  of 
schools  to  such  district,  all  moneys  received  from  the  state  treas- 
urer, and  all  moneys  on  account  of  interest  of  the  funds  accruing 
from  the  sale  of  section  sixteen,  or  other  lands  in  lieu  thereof  to 
the  district  schools  in  the  congressional  townships,  and  parts  of 
congressional  townships  to  which  said  land  belonged,  and  all  other 
moneys  for  the  use  of  schools  in  the  county,  and  not  otherwise  ap- 
portioned by  law,  to  the  proper  district :  Provided,  that  all  school 
moneys  for  the  use  of  schools  in  any  townships  or  parts  of  town- 
ships and  all  moneys  for  the  use  of  schools  in  any  county  shall  be 
apportioned  upon  the  last  enumeration  on  file  in  the  office  of  the 
county  clerk,  except  the  state  school  funds,  which  shall  be  appor- 
tioned as  hereinbefore  provided ;  and  he  shall  immediately  after 
making  such  apportionment  enter  the  same  in  a  book  to  be  kept 
for  that  purpose,  and  shall  furnish  the  district  clerks,  and  those  of 


Revised  School  Laws.  41 

cities  and  villages,  as  the  case  may  be,  each  a  copy  of  said  appor- 
tionment, and  order  the  county  treasurer  to  place  such  amount 
to  the  credit  of  the  district,  city  or  town  entitled  to  receive  the 
same:  Provided,  that  no  school  district  which  fails  to  levy  a  tax 
of  forty  cents  on  the  one  hundred  dollars'  assessed  valuation,  un- 
less the  assessment  of  a  less  amount,  together  with  the  moneys 
received  from  the  public  funds,  shall  amount  to  three  hundred  and 
fifty  dollars  for  school  purposes,  shall  receive  any  part  of  the  pub- 
lic school  moneys  for  the  ensuing  school  year,  and  the  county  clerk 
shall  omit  such  districts  in  the  apportionment  of  the  public  moneys : 
Provided  further,  that  no  district,  city  or  town  that  shall  have 
failed  to  afford  the  children  thereof  the  privileges  of  a  free  school 
for  at  least  eight  months  during  the  year  ending  the  30th  day  of 
June  previous  to  the  said  distribution,  provided  a  tax  of  forty 
cents  on  the  one  hundred  dollars'  assessed  valuation,  together  with 
the  public  funds,  will  maintain  the  same,  shall  be  entitled  to  any 
portion  of  the  public  school  fund  for  that  year.  This  act  shall  take 
effect  and  be  in  force  on  and  after  the  first  day  of  September, 
1911.  (Session  Acts,  1911.) 

Note  that  a  district  that  does  not  levy  a  tax  of  forty  cents  on  the  one  hundred 
dollars  is  not  entitled  to  any  part  of  the  public  funds  unless  a  smaller  levy  with  the 
public  funds  will  produce  $350.  The  cash  on  hand  is  not  to  be  counted  as  a  part  of 
the  $350. 

A  one-room  (one  teacher)  country  school  must  be  reported  as  employing  one 
teacher.  Although  two,  three  or  more  different  persons  may  be  employed  by  the 
board  during  the  year,  yet  only  one  teacher  is  employed  at  a  given  time,  and  the 
district  employs  only  one  teacher.  Or  in  other  words,  "one  teacher"  means  "one 
teaching  position." 

A  two-room  (two  teacher)  or  "two  teaching  position"  school  must  be  reported 
as  employing  two  teachers,  even  though  more  than  two  different  persons  have  been 
employed  in  getting  the  work  of  two  teachers  done.  Likewise,  for  a  three-teacher 
school,  a  four-teacher  school,  etc. 

No  person  who  is  not  a  legally  qualified  public  school  teacher  can  be  counted. 

The  school  law  recognizes  but  one  term  of  school  during  each  year.  Though  the 
term  be  divided,  it  is  still  one  (legal)  term  of  school. 

Sec.  10823.  Correction  of  error  in  apportionment — distribu- 
tion of  funds. — The  state  superintendent  of  public  schools  is  hereby 
authorized  to  correct  any  error  made  in  the  apportionment  of  the 
public  school  funds  among  the  various  counties  of  this  state  out  of 
the  public  school  fund  of  the  year  next  following  the  date  when 
such  mistake  was  made,  and  the  amount  set  apart  to  any  county 
for  the  purpose  of  correcting  an  error  shall  be  by  him  certified  to 
the  state  auditor  and  to  the  county  clerk,  and  the  state  auditor 
shall  draw  a  warrant  on  the  state  treasurer  for  the  amount  so  cer- 
tified in  favor  of  the  treasurer  of  said  county,  and  the  county  clerk 
shall  apportion  said  funds  to  the  various  districts  in  said  county 
as  the  funds  of  the  year  in  which  said  error  occurred,  and  the 
county  treasurer  may  pay  outstanding  warrants  for  teachers' 
wages  issued  during  the  school  year  in  which  said  error  occurred, 


42  Revised  School  Laws. 

not  to  exceed  the  correction  made.  (R.  S.  1899,  §  9841,  amended, 
L.  1909,  p.  770.) 

Sec.  10824.  Distribution  of  funds  when  township  lies  in  two 
counties. — Whenever  any  congressional  township  shall  lie  in  two 
or  more  counties,  the  township  school  fund  of  such  township  shall 
be  divided  among  the  aforesaid  counties  in  proportion  to  the 
amount  of  territory  in  the  fractional  township  included  in  each 
county,  as  follows :  The  county  court  of  the  county  in  which  sec- 
tion sixteen  is  located  shall,  upon  a  requisition  of  the  county  clerk 
of  any  county  containing  a  fractional  part  of  such  township,  issue 
an  order  transferring  the  amount  due  such  county  under  this  sec- 
tion into  the  ca.re,  keeping  and  custody  of  the  county  court  there- 
of; and  said  fund  shall  be  loaned,  and  the  income  derived  there- 
from shall  be  apportioned,  annually,  to  such  fractional  township 
as  though  it  were  an  entire  township ;  and  the  township  funds  of 
all  entire  townships  and  all  fractional  townships  included  within 
the  limits  of  any  county  in  this  state  shall  be  handled  and  con- 
trolled by  the  proper  officers  of  such  county,  as  set  forth  in  this 
chapter.  The  provisions  of  this  section  shall  not  apply  to  any 
congressional  township  intersected  by  the  Missouri  river.  (R.  S. 
1899,  §  9843,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10825.     Duties  of  county  clerk — assessment  of  estimates. 

On  receipt  of  the  estimates  of  the  various  districts,  the  county 
clerk  shall  proceed  to  assess  the  amount  so  returned  on  all  taxable 
property,  real  and  personal,  in  said  district,  as  shown  by  the  last 
annual  assessment  for  state  and  county  purposes,  including  all 
statements  of  merchants  in  each  district  of  the  amount  of  goods, 
wares  and  merchandise  owned  by  thenxand  taxable  for  state  and 
county  purposes :  Provided,  that  the  levy  thus  extended  shall  not 
exceed  in  any  one  year  as  follows:  For  building  purposes,  one 
per  centum  in  town  school  districts,  and  not  more  than  sixty-five 
cents  on  the  one  hundred  dollars  in  other  districts ;  for  school  pur- 
poses, one  per  centum  in  town  school  districts,  and  not  more  than 
sixty-five  cents  on  the  one  hundred  dollars  in  other  districts;  for 
sinking  fund,  forty  cents  on  the  one  hundred  dollars'  valuation, 
and  a  sufficient  amount  to  pay  interest  on  bonded  indebtedness ;  all 
of  which  shall  be  extended  by  the  county  clerk  upon  the  general 
tax  books  of  the  county  for  said  year  in  separate  columns  arranged 
for  that  purpose ;  and  the  county  clerks  shall  list  the  names  of  all 
persons  owning  any  personal  property  who  do  not  reside  in  any 
school  district,  and  the  value  thereof;  also,  list  all  lands  and  town 
lots  in  any  territory  not  organized  into  a  school  district,  and  shall 
levy  a  tax  of  forty  cents  on  the  one  hundred  dollars*  valuation  on 
all  such  taxable  property,  said  taxes  to  be  collected  as  other  taxes 
and  distributed  as  provided  in  section  10822,  and  it  shall  be  the 
duty  of  the  county  assessor  in  listing  property  to  take  the  number 
of  the  school  district  in  which  said  taxpayer  resides  at  the  time 


Revised  School  Laws.  43 

of  making  his  list,  to  be  by  him  marked  on  said  list,  and  also  on 
the  personal  assessment  book,  in  columns  provided  for  that  pur- 
pose. (R.  S.  1899,  §  9844,  re-enacted,  L.  1909,  p.  770.) 

County  clerk  may  "assess"  (levy  and  extend)  taxes  against  property,  but  he 
cannot  assess  property  omitted  by  assessor.  School  Dist.  v.  Wickersham,  34  A.  337. 
When  new  district  is  formed,  clerk  should  not  levy  taxes  for  old  district  on  property 
of  such  new  district,  even  though  new  district  has  failed  to  adopt  a  plat  thereof. 
State  ex  rel.  v.  Burford,  82  A.  343.  When  county  clerk  assessed  personal  property  for 
school  purposes  in  district  where  owner  of  such  property  does  not  reside,  the  collector 
cannot  change  the  tax  book  nor  correct  the  error.  State  ex  rel.  v.  Brown,  172  Mo.  374. 
Such  tax  is  illegal  and  cannot  be  collected.  State  ex  rel.  v.  Shepard,  218  Mo.  656. 
When  single  man  has  farm  in  one  district  and  temporarily  lodges  in  another,  his  home 
is  where  his  farm  is  located.  Same  case,  218  Mo.  656.  The  clerk  cannot  levy  or  extend 
school  taxes  on  roadbed,  rolling  stock  aad  movable  property  of  railroad  until  such  tax 
has  been  levied  by  county  court,  as  provided  in  section  9364.  State  ex  rel.  v.  Ry., 
135  Mo.  618. 

County  courts  have  no  power  to  alter  the  assessment,  of  taxes  to  build  school- 
houses  merely  on  the  alleged  ground  that  the  schoolhouse  was  unnecessary ;  the 
decision  of  that  question  is  left  to  the  local  directors,  and  that  tribunal  has  no 
control  over  the  county  clerk  in  respect  to  the  assessment  and  extension  of  school 
taxes.  52  Mo.  218;  67  Mo.  706. 

A  school  estimate  stating  rate  of  levy,  but  omitting  amounts  of  the  several  funds, 
is  not  illegal  on  that  account.  126  Mo.  472. 

The  court  will  not  compel  a  county  clerk  by  mandamus  to  extend  school  taxes  on 
property  not  lawfully  subject  thereto.  120  Mo.  67. 

Sec.  10826.  Compensation  of  county  clerk  for  labor  on  tax 
books. — The  county  clerk  shall  receive  as  full  compensation  there- 
for ten  cents  for  every  hundred  figures  in  school  tax  column  on 
general  tax  book,  to  be  paid  by  the  county  treasurer  upon  warrant 
issued  by  the  county  court.  (R.  S.  1899,  §  9845,  re-enacted,  L. 
1909,  p.  770.) 

Sec.  10827.     Report  of  county  clerk  to  state  superintendent. 

The  clerk  of  each  and  every  county  court  shall,  on  or  before  the 
thirty-first  day  of  July,  annually,  make  out  and  transmit  to  the 
state  superintendent  of  public  schools,  at  Jefferson  City,  an  ab- 
stract of  all  the  returns  of  school  districts,  cities  or  towns  in  his 
county  made  to  him  according  to  the  form  that  may  be  prescribed 
by  the  state  superintendent;  also,  the  amount  of  income  of  the 
school  funds  of  said  county,  and  amount  realized  from  taxes  col- 
lected therein.  (R.  S.  1899,  §  9846,  re-enacted,  L.  1909,  p.  770.) 

The  state  superintendent  is  required  to  apportion  the  state  school  moneys  in  July ; 
therefore,  the  enumeration  should  be  forwarded  not  later  than  July  15th. 

Sec.  10828.  Collector's  receipts  and  compensation. — It  shall 
be  the  duty  of  the  county  clerk  to  take  a  receipt  from  the  county 
collector  for  the  school  taxes  by  him  placed  on  the  general  tax 
books;  and  the  collector  shall  proceed  to  collect  the  same  in  like 
manner  as  the  state  and  county  taxes  are  or  may  be  collected,  and 
he  shall  receive,  as  full  compensation  for  his  services  on  the  amount 
collected  and  paid  over  by  him,  the  same  per  cent,  as  is  allowed  by 
law  to  collectors  f QIC  collecting  other  taxes ;  and1  he  shall  pay  over 


44  Revised  School  Laws. 

monthly,  to  the  county  treasurer,  all  such  taxes  collected  and  take 
his  receipt  therefor.  (R.  S.  1899,  §  9847,  re-enacted,  L.  1909, 
p.  770.) 

Sec.  10829.  Collections  of  delinquent  taxes. — The  collector 
shall,  at  the  time  of  returning  the  land  delinquent  list  for  state 
and  county  taxes,  return  therewith  all  land  school  taxes  herein 
provided  for  which  shall  remain  unpaid,  and  when  so  returned,  the 
same  shall  be  a  lien  on  such  real  estate,  and  be  collected  in  the 
same  manner  that  other  delinquent  taxes  on  land  are  collected; 
and  when  so  collected,  shall  be  paid  over  to  the  county  treasurer  as 
other  school  taxes.  (R.  S.  1899,  §  9848,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10830.  County  treasurers  and  their  duties. — The  county 
treasurer  in  each  county  shall  be  the  custodian  of  all  moneys  for 
school  purposes  belonging  to  the  different  districts,  until  paid  out 
on  warrants  duly  issued  by  order  of  the  board  of  directors  or  to  the 
treasurer  of  some  town,  city  or  consolidated  school  district  as  au- 
thorized by  this  chapter,  except  in  counties  having  adopted  the 
township  organization  law,  in  which  counties  the  township  trustee 
shall  be  the  custodian  of  all  school  moneys  belonging  to  the  town- 
ship, and  be  subject  to  corresponding  duties  as  the  county  treas- 
urer; and  said  treasurer  shall  pay  all  orders  heretofore  legally 
drawn  on  township  clerks,  and  not  paid  by  such  township  clerks, 
out  of  the  proper  funds  belonging  to  the  various  districts ;  and  on 
his  election,  before  entering  upon  the  duties  of  his  office,  he  shall 
give  a  separate  bond,  with  sufficient  security,  in  double  the  prob- 
able amount  of  school  moneys  that  shall  come  into  his  hands,  pay- 
able to  the  state  of  Missouri,  to  be  approved  by  the  county  court, 
conditioned  for  the  faithful  disbursement,  according  to  law,  of  all 
such  moneys  as  shall  from  time  to  time  come  into  his  hands;  and 
on  the  forfeiture  of  such  bond  it  shall  be  the  duty  of  the  county 
clerk  to  collect  the  same  for  the  use  of  the  schools  in  the  various 
districts.  If  such  county  clerk  shall  neglect  or  refuse  to  prosecute, 
then  any  freeholder  may  cause  prosecution  to  be  instituted.  It 
shall  be  the  duty  of  the  county  court  in  no  case  to  permit  the 
county  treasurer  to  have  in  his  possession,  at  any  one  time,  an 
amount  of  school  moneys  over  one-half  the  amount  of  the  security 
available  in  the  bond;  and  the  county  treasurer  shall  be  allowed 
such  compensation  for  his  services  as  the  county  court  may  deem 
advisable,  not  to  exceed  one-half  of  one  per  cent,  of  all  school 
moneys  disbursed  by  him,  and  to  be  paid  out  of  the  county  treas- 
ury. (R.  S.  1899,  §  9849,  amended,  L.  1909,  p.  770.) 

A  treasurer's  bond  under  this  section,  which  in  general  terms  requires  him  to 
faithfully  disburse  all  funds  which  come  into  his  hands,  binds  him  to  safely  keep  and 
disburse  all  kinds  of  school  moneys  which  he  may  receive,  and  he  cannot  receive  credit 
from  a  district  for  warrants  paid  in  excess  of  the  moneys  received  for  such  district. 
State  ex  rel.  v.  Cook,  72  Mo.  496.  But  when  bond  only  obligates  him  to  receive  and 

disburse   "school   funds   of county,"   this   does  not  make  his  sureties  liable  for 

district  school  funds  received  by  him  and  paid  out  on  q,  forged  warrant    State  ex  rel. 


Revised  School  Laws.  45 

v.  Weeks,  92  Mo.  359.  This  section  does  not  fix  the  compensation  of  treasurer  at  one- 
half  of  one  per  cent.  He  is  entitled  only  to  that  amount  or  such  part  thereof  as  the 
county  court  may  deem  advisable,  and  he  cannot  recover  for  services  in  handling  school 
moneys  unless  the  court  has  made  an  order  fixing  the  amount  he  shall  receive.  San- 
derson v.  County,  195  Mo.  598. 

Sec.  10831.     Settlement  of  county  or  township  treasurer. — The 

county  or  township  treasurer  shall,  semi-annually,  settle  his  ac- 
counts with  the  county  court  at  its  first  and  third  regular  terms  in 
each  year,  being  the  regular  February  and  August  terms  of  said 
court;  and  at  the  end  of  his  term,  or  if  he  resign  or  be  removed 
from  office,  he,  or  if  he  die,  his  executor  or  administrator,  shall, 
within  twenty  days,  settle  with  the  county  court,  and  if  there  be 
no  term,  or  the  court  be  not  in  session,  the  presiding  judge  shall 
call  a  special  term  to  make  such  settlement.  The  said  treasurer 
shall  account  for  all  school  moneys  or  funds  of  any  and  all  kinds 
received  by  him,  from  whom  and  on  what  account,  and  the  partic- 
ular fund  to  which  each  of  said  funds  were  entered  and  charged, 
and  the  amount  paid  out  for  school  purposes  to  the  various  dis- 
tricts of  the  county,  and  for  any  and  all  other  purposes.  The 
county  court  shall  examine  the  vouchers,  receipts,  orders,  and  war- 
rants upon  which  each  of  such  payments  were  made,  and  if  satis- 
fied that  said  payments  are  just  and  correct,  shall  make  an  order 
attesting  the  same,  which  order  shall  be  entered  of  record  and  shall 
be  prima  facie  a  discharge  of  the  liability  of  said  treasurer.  The 
said  treasurer  shall,  within  five  days  after  his  final  settlement,  or 
at  the  expiration  of  his  term  of  office,  turn  over  to  his  successor 
in  office  all  moneys,  funds,  records,  papers,  furniture  and  fixtures 
belonging  to  said  office,  and  take  his  receipt  therefor,  and  within 
five  days  file  a  duplicate  of  said  receipt  with  the  clerk  of  the 
county  court  of  said  county.  The  said  county  or  township  treas- 
urer shall,  on  the  25th  day  of  March  and  the  first  Monday  in  Oc- 
tober of  each  year,  deliver  or  mail  to  the  clerk  of  each  school  dis- 
trict in  the  county  or  township  an  accurate  and  detailed  statement, 
showing  the  actual  amount  of  cash  on  hand  to  the  credit  of  each 
of  the  district  funds ;  and  the  statement  made  in  October,  as  here- 
in provided,  shall  show  the  amount  of  cash  on  hand  on  the  day  of 
the  approval  of  the  last  settlement  made  by  the  said  treasurer  with 
the  county  court,  and  shall  be  jointly  made  and  signed  by  the  said 
county  treasurer  and  clerk  of  the  county  court,  and  shall  be  a  full 
exhibit,  showing  the  amount  of  public  money,  railroad  taxes,  and 
all  other  moneys  on  hand  or  due  the  district  by  taxation,  the  levies 
made,  the  assessed  valuation  of  each  of  said  districts  for  the  year, 
and  the  balance  on  hand  to  the  credit  of  each  district  fund.  (Ses- 
sion Acts,  1911.) 

The  county  treasurer's  term  of  office  begins  January  1st.  His  semi-annual  settle- 
ments should  be  based  on  the  showing  of  his  books  on  January  1st  and  July  1st. 
The  settlement  may  not  be  made  with  the  court  until  the  August  term,  but  it  should 
be  based  on  the  balances  shown  by  the  treasurer's  books  at  the  close  of  business 


46  Revised  School  Laws. 

June  30th.  Likewise  at  the  February  term  of  the  county  court  the  report  stiould  show 
the  balances  at  the  close  of  business  December  31st. 

This  will  enable  the  county  treasurer  to  base  his  settlements  on  conditions  at 
the  close  of  the  school  year  arid  six  months  thereafter.  It  also  makes  it  easy  for  him 
to  report  to  the  district  clerks  the  condition  of  the  finances  of  their  districts  on  July  1st 
of  each  year. 

Sec.  10832.     Penalty  for  failure  to  make  settlement. — In  case 

the  county  or  township  treasurer  shall  fail  to  make  such  semi- 
annual settlement  with  the  county  court  within  the  time  prescribed 
in  the  preceding  section,  he  shall,  in  addition  to  the  sum  remaining 
unaccounted  for,  forfeit  the  sum  of  five  hundred  dollars,  to  be  re- 
covered in  a  civil  action,  in  the  name  of  the  state  of  Missouri,  and 
when  collected,  to  be  applied  to  the  use  of  public  schools  in  such 
county ;  and  it  is  hereby  made  the  duty  of  the  county  clerk  to  pro- 
ceed forthwith,  in  case  of  such  failure,  by  suit,  against  such  treas- 
urer, before  any  proper  tribunal,  to  recover  the  penalty  aforesaid ; 
but  when  it  appears  on  trial,  to  the  satisfaction  of  said  court,  that 
said  treasurer  was  prevented  from  making  such  settlement  within 
the  time  by  sickness  or  unavoidable  absence  from  home,  it  shall  be 
the  duty  of  the  court  to  direct  a  verdict  for  such  treasurer  on  his 
paying  the  costs.  (R.  S.  1899,  §  9851,  amended,  L.  1909,  p.  770.) 

Sec.  10833.  Title  of  property.— The  title  of  all  schoolhouse 
sites  and  other  school  property  shall  be  vested  in  the  district  in 
which  the  same  may  be  located ;  and  all  property  leased  or  rented 
for  school  purposes  shall  be  wholly  under  the  control  of  the  board 
of  directors  during  such  time;  but  no  board  shall  lease  or  rent 
any  building  for  school  purposes  while  the  district  schoolhouse  is 
unoccupied,  and  no  schoolhouse  or  school  site  shall  be  abandoned 
or  sold  until  another  site  and  house  are  provided  for  such  school 
district.  (R.  S.  1899,  §  9852,  amended,  L.  1909,  p.  770.) 


NEW  SECTIONS— NEW  SCHOOL  DISTRICTS. 

Section  1.  Notice  of  proposed  organization. — In  any  county  in 
this  state  containing  seventy-five  thousand  population  and  adjoin- 
ing a  city  having  over  five  hundred  thousand  inhabitants  whenever 
territory  is  annexed  to  an  incorporated  town  or  city  for  school 
purposes  the  adult  taxpayers  residing  outside  of  the  corporate  lim- 
its of  the  town  or  city  and  in  the  school  district  thereof  may,  after 
giving  thirty  days  notice  by  publication  in  a  newspaper  published 
in  said  district  and  by  at  least  twenty-five  printed  handbills  posted 
in  the  school  district,  describing  the  proposed  new  district  bound- 
aries and  naming  the  time  and  place  of  meeting,  meet  and  organize 
a  school  district  for  the  territory  outside  of  the  corporate  limits  of 
the  town  or  city  located  in  such  school  district,  and  at  the  meeting 
so  called  a  chairman  and  secretary  shall  be  elected  who  shall  keep  a 
record  of  the  proceedings  at  said  meeting.  An  accurate  descrip- 


Revised  School  Laws.  47 

tion  of  the  boundaries  of  the  new  district  shall  be  spread  upon  the 
record  of  the  meeting  and  preserved. 

Sec.  2.  Organization  of  new  district. — If  when  the  meeting 
above  provided  for  convenes  a  majority  of  the  qualified  voters  re- 
siding in  such  territory  proposed  to  be  organized  into  a  school  dis- 
trict vote  for  the  organization  of  such  district  and  for  the  ap- 
proval of  a  plat  defining  the  boundaries  thereof,  then  the  chairman 
of  said  meeting  shall  cause  the  result  thereof  to  be  spread  upon 
the  records  of  the  meeting  and  shall  declare  the  district  organized. 

Sec.  3.  Directors,  election  of. — After  the  district  shall  have 
been  declared  organized  the  qualified  voters  present  residing  in 
said  territory  so  organized  as  a  school  district  shall  proceed  to  elect 
three  directors  who  shall  serve  until  the  next  annual  school  meet- 
ing to  be  held  on  the  first  Tuesday  of  April  of  each  year  as  pro- 
vided by  statute.  At  the  first  annual  meeting  so  held  three  direc- 
tors shall  be  elected  who  shall  serve  respectively  one  year,  two 
years,  and  three  years,  and  the  term  shall  be  fixed  according  to  the 
number  of  votes  each  receives ;  the  one  receiving  the  highest  num- 
ber of  votes  shall  hold  three  years,  the  next  highest,  two  years,  and 
the  one  receiving  the  third  highest  vote  shall  hold  office  for  one 
year,  and  if  any  two  or  more  having  the  highest  number  of  votes^ 
tie,  the  secretary  of  the  meeting  shall  cast  a  ballot  deciding  which 
term  the  respective  candidates  so  tied  shall  receive. 

Sec.  4.  Division  of  property  and  valuation  thereof  when  new 
district  is  formed. — All  the  provisions  of  law  now  in  force  with  ref- 
erence to  the  division  of  property  and  the  valuation  thereof  when 
a  new  district  is  created  shall  apply  to  districts  formed  under  this 
act. 

Sec.  5.  Powers  and  duties  of  officers. — Existing  provisions  of 
the  statutes  when  applicable  shall  apply  to  districts  created  under 
this  act.  The  directors  and  officers  of  school  districts  formed  under 
this  act  shall  have  the  same  power,  perform  the  same  duties,  and 
have  the  same  responsibilities  and  liabilities  as  are  now  provided 
or  as  may  hereafter  be  provided  by  the  general  school  laws  of  the 
state ;  and  all  the  existing  and  future  school  laws  of  the  state  shall 
so  far  as  the  same  now  are  applicable  are  hereby  made  to  apply 
to  the  districts  and  the  officers  thereof  created  under  the  pro- 
visions of  this  act. 

Sec.  6.  Emergency. — As  the  annual  school  meetings  occur  in 
April,  1913,  and  as  new  districts  should  hold  their  annual  meetings 
at  the  regular  time  provided  by  law,  an  emergency  is  declared  to 
exist  within  the  meaning  of  the  Constitution  and  therefore  this  act 
shall  be  in  force  and  effect  from  and  after  its  passage  and  approval 
by  the  governor. 


48 


Revised  School  Laws. 


ARTICLE  III. 


LAWS  APPLICABLE  TO  COMMON  SCHOOLS. 


SECTION 

10834.  Renumbering    of    school    districts- 

corporate  powers. 

10835.  Rights  not  affected  by  renumbering 

—succession  to  powers. 

Incorporation   of   unorganized   ter- 
ritory. 

Formation  of  new  districts. 

Preceding  section  to  apply  to  what 
districts. 

Division  of  property  when  new  dis- 
trict created. 

10840.    Valuation    of    property    to    be    di' 
vided. 

Assessment   of   building   fund. 

Division   of   districts   lying   in   two 

or  more  counties. 

10843.    First  meeting  of  newly  created  dis- 
tricts. 

Annual   meeting. 

Powers  of  the  annual  meeting. 

Length  of  school  required. 

Directors,      qualifications     of— how 
and  by  whom  elected. 


10837. 
10838. 

10839. 


10841. 
10842. 


10844. 
10845. 
10846. 
10847. 


SECTION 

10848.  Oath  of  directors. 

10849.  Organization    of    board. 

10850.  Vacancy  in  board  of  directors,  how 

filled. 

10851.  Removal    of   district   clerk. 

10852.  Joint   high   schools   may    be   estab- 

lished. 

10853.  Duties  of   district  clerk. 

10854.  District    clerk    to    procure    record 

books. 

10855.  District   clerk  to  post   notices. 
10S56.    Payment  of  district  indebtedness. 

10857.  Form  of  warrant— to  be  paid  from 

proper  fund. 

10858.  County    court   may    invest   sinking 

fund,   when  and  how. 

10859.  County  treasurer  to  report. 

10860.  Records  of  district  clerk. 

10861.  Teachers'    monthly    and    term    re- 

ports. 

10862.  Loan     of     surplus     district    school 

money. 
How   loaned. 


Sec.  10834.  Renumbering  of  school  districts — corporate  pow- 
ers.— It  shall  be  the  duty  of  the  county  court  of  each  county  in  this 
state,  at  the  February,  1910,  term  thereof,  to  renumber  all  the 
common  school  districts  in  their  respective  counties,  numbering 
them  numerically  instead  of  by  township  and  range,  as  they  are 
now  known  and  designated.  Such  renumbering  shall  begin  as 
near  as  may  be  at  the  northeast  corner  of  each  county  and  run 
first  west  through  the  entire  county  and  thence  east,  and  so  on  in 
the  same  general  order  that  sections  of  land  are  numbered  in  con- 
gressional townships.  Such  renumbering  shall  be  entered  of 
record  by  such  county  court  and  may  be  in  the  following  form : 

The  common  school   districts  of  county  are  hereby  renumbered  and  desig- 
nated as  follows :     District  of  township  ,    range  ,    shall   hereafter  be 

known  as  school  district  one ;   and  so  on  until  all  of  the  districts  in  the  county  have 
been  numbered. 

Such  county  courts  shall  cause  to  be  published  once  in  one  or 
more  newspapers  of  their  respective  counties  during  the  month  of 
February,  1910,  a  certified  copy  of  the  order  so  made  changing  the 
numbers  of  school  districts,  and  the  county  clerk  shall  prepare  and 
mail  to  the  clerk  of  each  of  such  school  districts  of  his  county  a 
printed  copy  of  such  order,  for  which  he  shall  be  allowed  a  fee  of 
ten  cents  for  each  clerk  thus  notified,  and  the  change  of  numbers 
so  made  by  such  court  shall  take  effect  and  be  in  force  from  and 


Revised  School  Laws.  49 

after  the  first  day  of  March,  1910.  Such  districts  shall  be  bodies 
corporate  under  the  numbers  and  designation  thus  given  them  by 
the  county  courts,  and  shall  by  such  numbers  and  designation  be 
capable  of  suing  and  being  sued;  of  holding  such  real  and  personal 
property  as  may  at  any  time  be  either  donated  or  purchased  in 
accordance  with  the  laws  of  this  state,  or  of  which  they  may  be 
rightfully  possessed  at  the  time  of  the  passage  of  this  law,  and  shall 
also  have  the  power  of  selling  such  property  as  hereinafter  pro- 
vided. (R.  S.  1899,  §  9739,  amended,  L.  1909,  p.  770.) 

In  bringing  suit  for  school  district,  its  corporate  existence  need  not  be  pleaded, 
as  courts  take  judicial  notice  of  its  power  to  sue.  School  Dist.  v.  Holmes,  53  A.  487. 
A  contract  which  does  not  correctly  designate  the  district  is  invalid.  Globe  F.  Co.  v. 
District,  51  A.  549.  Certiorari  is  not  an  appropriate  remedy  to  test  the  corporate 
existence  of  a  school  district.  School  District  v.  Pace,  113  A.  134.  Quo  warranto  is 
the  proper  remedy  by  which  the  corporate  existence  of  a  school  district  may  be 
attacked.  Black  v.  Early,  208  Mo.  281.  In  suits  against  school  districts,  the  summons 
should  be  served  on  president  of  the  school  board.  Carr  v.  District,  42  A.  154.  If  a 
taxpayer  permits  a  school  district  irregularly  organized  to  levy  and  collect  taxes,  and 
carry  on  school  for  several  years,  he  is  estopped  from  denying  the  legality  of  its 
organization,  particularly  in  the  collateral  action  of  mandamus.  State  ex  rel.  v.  Miller, 
113  Mo.  665. 

Sec.  10835.  Rights  not  affected  by  renumbering — succession 
to  powers. — Each  of  the  school  districts,  when  so  renumbered  as 
provided  in  the  preceding  section,  shall  succeed  to  and  receive,  by 
operation  of  this  statute,  the  full,  legal  and  equitable  title  to  all 
property  of  every  description,  and  to  all  rights,  powers,  duties  and 
obligations  possessed  by  their  several  predecessors,  and  the  citizens 
living  in  such  districts  so  renumbered  shall  have  and  retain  all  the 
rights  and  privileges  of  the  former  districts;  and  the  directors, 
officers,  teachers  and  other  employes  of  the  several  districts,  as 
they  now  exist,  or  may  exist  on  March  1st,  1910,  shall  continue  to 
hold  office  and  perform  their  several  duties  under  the  number  and 
designation  given  their  respective  districts  by  the  county  courts, 
and  shall  receive  the  same  compensation  for  their  services  as  if 
no  such  change  of  name  had  taken  place.  Common  school  districts 
created  after  the  first  day  of  March,  1910,  shall  receive  a  number 
by  the  county  courts  of  the  counties  in  which  they  are  situated, 
which  number  shall  be  a  continuation  of  the  numbers  given  to  the 
other  districts,  as  herein  provided.  After  the  common  school  dis- 
tricts of  this  state  have  been  renumbered  in  1910,  as  above  pro- 
vided, they  shall  not  be  renumbered  oftener  than  once  in  every  ten 
years.  (R.  S.  1899,  §  9739,  amended,  L.  1909,  p.  770.) 

See  cases  cited  under  section  10834. 

Sec.  10836.  Incorporation  of  unorganized  territory. — When- 
ever there  shall  be  in  this  state  any  .territory  not  organized  into  a 
common  school  district,  and  containing  within  its  limits  twenty  or 
more  pupils  of  school  age,  three  or  more  taxpayers  of  such  terri- 
tory may  call  a  meeting  of  the  qualified  voters  of  such  unorgan- 
s.  L.— 4 


50  Revised  School  Laws. 

ized  territory,  or  such  part  thereof  as  they  desire  to  organize  into 
a  school  district,  by  first  giving  fifteen  days'  notice  of  the  time, 
place,  purpose  of  the  meeting  and  boundary  lines  of  the  territory 
-proposed  to  be  organized.  The  qualified  voters,  when  assembled, 
may  organize  such  territory  into  a  school  district,  a  majority  of 
the  qualified  voters  residing  in  such  territory  proposed  to  be  or- 
ganized into  a  school  district  voting  therefor,  who  shall  approve 
of  a  plat  defining  the  boundaries  thereof,  and  elect  three  directors, 
who  shall  serve  until  the  next  annual  meeting,  when  one  director 
shall  be  elected  to  serve  for  one  year,  one  director  for  two  years 
and  one  director  for  three  years — said  directors  to  serve  until  their 
successors  are  duly  elected  and  qualified :  Provided,  that  any  ter- 
ritory not  organized  into  a  school  district,  and  containing  less  than 
twenty  pupils  of  school  age,  may  be  attached  to  an  adjoining  dis- 
trict, upon  petition  by  the  qualified  voters  of  such  unorganized 
territory,  or  such  part  thereof  as  may  wish  to  be  attached  to  such 
adjoining'  district,  directed  to  the  board  of  directors  of  such  ad- 
joining district;  and  it  shall  be  the  duty  of  such  board,  on  receipt 
of  the  petition,  to  meet  forthwith  and  consider  same,  and  if  a 
majority  of  the  board  are  in  favor  thereof,  such  territory  shall 
become  a  part  of  such  district.  (R.  S.  1899,  §  9740,  re-enacted, 
L.  1909,  p.  770.) 

To  organize  new  districts  under  this  section,  the  notice  must  be  signed  by  three 
taxpayers  residing  in  the  territory  to  be  organized,  and  posted  fifteen  days  before 
the  meeting.  Berryman  v.  Bethune,  89  Mo.  158.  A  district  cannot  legally  detach  or 
vote  out  a  part  of  its  territory  except  on  petition  and  notice  as  required  by  law,  and 
another  district  cannot  attach  territory  until  the  same  has  been  detached  from  the 
district  in  which  it  was  once  legally  included.  State  ex  rel.  v.  Hill,  152  Mo.  235. 

See,   also,   cases  cited  under  section  10837. 

Money  apportioned  prior  to  division  of  district  does  not  follow  new  district. 
90  Mo.  395.  Posting  of  notices,  condition  precedent  to  the  validity  of  'such  division. 
54  A.  31 ;  94  Mo.  612. 

The  notice  required  by  this  section  should  be  as  explicit  in  its  essential  features 
as  that  required  under  the  provisions  of  section  10837,  which  is  commented  on  in  full. 

This  section  confers  the  right  to  call  the  first  meeting  for  forming  unorganized 
territory  into  a  school  district  upon  three  taxpayers  of  the  territory  to  be  organized. 
These  qualifications  are  jurisdictional. 

Sec.  10837.  Formation  of  new  districts. — When  it  is  deemed 
necessary  to  form  a  new  district,  to  be  composed  of  two  or  more 
entire  districts,  or  parts  of  two  or  more  districts,  to  divide  one 
district  to  form  two  new  districts  from  the  territory  therein,  to 
divide  one  district  and  attach  the  territory  thereof  to  adjoining 
districts,  or  to  change  the  boundary  lines  of  two  or  more  districts, 
it  shall  be  the  duty  of  the  district  clerk  of  each  district  affected, 
upon  the  reception  of  a  petition  desiring  such  change,  and  signed 
by  ten  qualified  voters  residing  in  any  district  affected  thereby,  to 
post  a  notice  of  such  desired  change  in  at  least  five  public  places  in 
each  district  interested  fifteen  days  prior  to  the  time  of  the  annual 
meeting,  or  by  notice  for  same  length  of  time  published  in  all  the 
newspapers  of  the  district;  and  the  voters,  when  assembled,  shall 


Revised  School  Laws.  51 

decide  such  question  by  a  majority  vote  of  those  who  vote  upon 
such  proposition.  If  the  assent  to  such  change  be  given  by  the  an- 
nual meetings  of  the  various  districts  thus  voting,  or  by  the  parts 
of  the  district  to  be  divided,  each  part  voting  separately,  the  dis- 
trict or  districts  shall  be  deemed  formed  or  the  boundary  thus 
changed  from  that  date ;  but  if  one  or  more  of  the  districts  affected 
vote  in  favor  of  such  change  and  one  or  more  of  such  districts 
vote  against  such  change,  the  matter  may  be  referred  to  the  county 
superintendent  of  public  schools ;  and  upon  such  appeal  being  filed 
with  him,  in  writing,  within  five  days  after  the  annual  meeting, 
he  shall  appoint  four  disinterested  men,  resident  taxpayers  of  the 
county,  who,  together  with  himself,  shall  constitute  a  board  of  ar- 
bitration, whose  duty  it  shall  be  to  consider  the  necessity  for  such 
proposed  change  and  render  a  decision  thereon,  which  decision 
shall  be  final.  When  there  is  an  equal  division,  the  county  super- 
intendent shall  cast  the  deciding  vote.  The  superintendent  shall, 
at  the  time  of  the  appointment  of  these  members  of  this  board  of 
arbitration,  notify  them  to  meet  him  at  some  convenient  place  in 
the  county  within  fifteen  days  after  annual  school  meeting,  where 
the  deliberations  of  the  board  shall  take  place  and  its  decision  be 
rendered.  But  in  making  such  change  the  decision  in  all  cases  shall 
conform  to  the  propositions  contained  in  the  notices  and  voted 
upon  at  the  annual  meeting;  and  the  county  superintendent  shall, 
on  or  before  the  last  day  of  April,  transmit  the  decision  to  the 
clerks  of  the  various  districts  interested,  or  to  the  clerk  of  the  dis- 
trict divided,  and  said  clerk  or  clerks  shall  enter  the  same  upon  the 
records  of  his  or  their  respective  district  or  districts ;  and  the  said 
board  of  arbitration  shall  be  allowed  a  fee  of  fifteen  dollars,  to  be 
paid  by  the  district  or  districts  taking  the  appeal  at  the  time  said 
appeal  is  made :  Provided,  however,  that  no  new  district  shall  be 
created  or  boundary  line  changed  by  which  any  district  shall  be 
formed  containing  within  its  limits  by  actual  count  less  than 
twenty  persons  of  school  age,  or  by  which  any  district  shall  be  left 
containing  within  its  limits  by  actual  count  less  than  twenty  per- 
sons of  school  age:  Provided,  however,  the  resident  voters  upon 
any  island  in  any  of  the  navigable  rivers  of  this  state  may  organize 
into  a  school  district  without  being  subject  to  the  restrictions  in 
the  preceding  portion  of  this  section.  It  is  further  provided  that, 
in  changing  the  boundary  line  between  the  two  established  dis- 
tricts, one  district  shall  not  encroach  upon  the  other  simply  for 
the  acquisition  of  territory.  At  all  elections  to  change  boundaries, 
the  votes  of  those  parties  residing  in  the  territory  sought  to  be  at- 
tached to  or  detached  from  a  district  shall  be  separately  cast  and 
separately  counted  by  the  p'arties  or  officers  holding  such  election : 
Provided  further,  that  if  in  any  school  district  or  districts  of  the 
state  a  stream  of  running  water  shall  in  any  way  interfere  with 
the  convenient  access  of  school  children  to  the  schoolhouse  or 
houses  of  any  such  district  or  districts,  then  it  shall  be  lawful  to 


52  Revised  School  Laws. 

create  a  new  district,  to  be  composed  of  two  or  more  districts  or 
parts  of  two  or  more  districts,  or  of  one  entire  district  and  parts 
of  one  or  more  districts,  lying  in  whole  or  in  part  in  two  counties 
in  the  manner  hereinbefore  set  out;  and  in  the  event  of  an  appeal 
being  taken,  as  herein  provided,  from  the  action  of  the  school  meet- 
ings on  the  proposed  formation  of  such  district,  such  appeal  shall 
be  taken  to  the  county  superintendents  of  the  respective  counties; 
and  such  superintendents  shall  thereupon  be  empowered  to  jointly 
appoint  a  board  of  arbitration,  who  shall  thereupon  act  as  herein- 
above  set  out ;  and  in  the  event  of  a  tie  vote,  such  superintendents 
shall  select  an  additional  member  of  such  board  of  arbitration, 
whose  decision  shall  be  final;  and  such  decision  shall  be  trans- 
mitted to  the  clerks  of  the  districts  affected  thereby.  (R.  S.  1899, 
§  9742,  amended,  L.  1909,  p.  770.) 

Petition  for  Change  of  Boundaries.— A  petition,  signed  by  ten  qualified  voters, 
must  be  filed  with  district  clerk  before  he  can  legally  post  notices  of  an  election  to 
change  boundaries.  School  Dist.  v.  Pace,  113  A.  134.  When  the  proposed  change  affects 
two  or  more  districts,  the  law  does  not  require  ten  petitioners  from  each  district,  but 
such  petitioners  may  all  reside  in  one  district,  or  part  of  them  may  reside  in  one  and 
remainder  in  another,  to  be  affected  by  the  change,  and  separate  copies  of  the  petition 
should  be  signed  and  delivered  to  clerk  of  each  district  to  which  the  proposition  is  to 
be  submitted.  State  ex  rel.  v.  Job,  205  Mo.  1.  Propositions  to  change  boundaries  or 
to  organize  a  new  district  can  only  be  submitted  at  annual  meeting,  and  then  only 
upon  petition  and  notice  as  required  by  this  section.  State  ex  rel.  v.  Hill,  152  Mo.  234. 
If  petition  fails  to  recite  the  precise  change  of  boundaries  intended,  the  election  based 
thereon  will  be  invalid.  School  District  v.  Dist.,  94  Mo.  612.  When  boundaries  are 
described  by  section,  township  and  range  line,  so  that  voters  readily  understand  the 
full  nature  of  change,  the  petition  is  sufficient.  State  ex  rel.  v.  Gibson,  78  A.  170. 

Notice  of  Election  to  Change  Boundaries.— Unless  the  notices  contain  a  description 
of  the  property  sought  to  be  detached  from  a  district  so  that  the  voters  can  understand 
the  question  to  be  voted  on,  the  election  will  be  void.  School  District  v.  Smith,  90  A. 
215;  School  District  v.  Id.,  94  Mo.  612.  If  the  petition  contain  a  proper  description  of 
the  proposed  change  of  boundaries  and  a  copy  of  the  petition  be  referred  to  in  and 
attached  to  each  notice,  this  is  sufficient.  State  ex  rel.  v.  Eden,  54  A.  31 ;  State  ex  rel. 
v.  Job,  205  Mo.  1.  After  posting  notice  of  election,  the  board  cannot  cancel  or  with- 
draw same.  State  ex  rel.  v.  Gill,  190  Mo.  79. 

'  Appeal  to  Superintendent.— That  part  of  this  section  which 'provides  for  the  settle- 
ment of  boundary  disputes  by  the  superintendent  and  a  board  of  arbitration  appointed 
by  him  is  constitutional.  State  v.  Andrae,  216  Mo.  617.  Not  necessary  that  the  arbi- 
trators or  witnesses  who  appear  before  them  should  be  sworn.  State  ex  rel.  v.  Job, 
205  Mo.  1.  Not  necessary  for  superintendent  to  keep  a  record  of  the  proceedings  of 
such  board,  but  law  requires  its  decision  to  be  reduced  to  writing.  State  v.  Andrae, 
216  Mo.  617.  The  decision  of  the  board  of  arbitrators  should  recite  that  it  met  to  con- 
sider the  appeal,  and  if  it  decide  in  favor  of  a  change  of  boundaries,  it  should  further 
recite  that  it  found  the  change  necessary  and  adjudged  that  the  change  be  made.  A 
mere  decision  that  the  board  found  in  favor  of  the  petitioners,  without  any  recital  that 
it  ever  met  or  found  a  change  necessary,  renders  its  proceedings  void.  State  ex  rel.  v. 
Denny,  94  A.  559  ;  State  ex  inf.  v.  Cummins,  114  Mo.  93 ;  163  A.  253.  A  valid  election  upon 
sufficient  petition  and  notice  is  necessary  in  each  district  to  be  affected  by  the  pro- 
posed change  before  such  board  has  authority  to  consider  such  appeal.  School  District  v. 
Smith,  90  Mo.  215.  The  board  has  no  jurisdiction  to  consider  an  appeal,  unless  one  of 
the  districts  affected  has  voted  in  favor  of  the  change  of  boundaries  and  another 
against  such  change,  and  prohibition  will  lie  to  prevent  a  consideration  of  such  appeal. 
School  District  v.  Burris,  84  A.  654.  The  appeal  must  be  taken  in  five  days  after  the 
election,  and  the  certificate  of  superintendent  appointing  the  arbitrators  must  recite 


Revised  School  Laws.  53 

that  they  are  taxpayers  ;  if  it  merely  recites  they  are  voters,  the  organization  may  be 
quashed  by  certiorari.  State  ex  rel.  v.  Wilson,  99  A.  675.  The  superintendent  and 
arbitrators  can  only  decide  the  propositions  which  were  submitted  to  the  voters  by 
petition  arid  notice  at  the  annual  meetings,  and  if  they  decree  a  change  of  boundaries 
in  a  different  manner  than  the  plan  voted  upon,  their  acts  are  illegal,  and  mandamus 
will  lie  to  compel  the  county  court  to  extend  taxes  according  to  the  boundaries  as  they 
existed  before  proposition  was  submitted.  State  ex  rel.  v.  Riley,  85  Mo.  156 ;  State  ex 
rel.  v.  Patton,  108  A.  26;  School  District  v.  District,  94  Mo.  612.  When  there  is  a 
majority  of  all  the  votes  cast  in  each  district  against  the  proposed  change  of  bounda- 
ries, no  right  of  appeal  exists.  State  ex  rel.  v.  Stone,  152  Mo.  202.  When  the  require- 
ments of  the  law  are  fully  complied  with,  the  decision  of  the  board  of  arbitrators  is 
final  and  cannot  be  set  aside  by  any  court.  State  ex  rel.  v.  Gibson,  78  A.  170;  State 
ex  rel.  v.  Burford,  82  A.  343.  In  the  absence  of  proof  to  the  contrary,  it  will  be  pre- 
sumed that  the  appeal  was  taken  within  the  five  days  allowed  by  law.  State  ex  rel. 
v.  Andrae,  216  Mo.  617.  As  amended  in  1909,  this  section  does  not  authorize  an  appeal 
by  the  voters  who  petitioned  for  the  change  of  boundaries,  unless  one  district  has 
voted  in  favor  of  such  proposition.  Quo  warranto  is  the  proper  remedy  to  dissolve  a 
district  which  has  not  been  legally  organized.  School  District  v.  Pace,  113  A.  134; 
Black  v.  Early,  208  Mo.  281;  161  A.  107. 

General  Provisions. — The  consolidation  of  two  or  more  entire  districts  Into  one 
does  not  make  it  a  town  school  district.  School  District  v.  Wallace,  75  A.  317.  Three 
districts  may,  by  election,  so  change  their  boundaries  as  to  entirely  dissolve  one  dis- 
trict and  add  its  territory  to  the  others.  Meyers  v.  District,  96  A.  48;  State  v.  Hill, 
152  Mo.  234.  When  a  district  is  dissolved  and  its  territory  added  to  other  districts, 
such  districts  receiving  part  of  such  territory  become  liable  for  its  entire  debts,  but 
when  one  district  has  paid  more  than  its  proper  share  of  such  debts,  it  may  recover 
excess  from  other  districts  which  also  received  part  of  the  territory  of  the  disorganized 
district.  Hughes  v.  District,  72  Mo.  643. 

Directors  must  decide  whether  petitioners  are  qualified  voters.  84  Mo.  90.  Board 
of  arbitration  cannot  change  boundary  otherwise  than  as  proposed  in  the  election.  85 
Mo.  156;  70  A.  238.  Statute  construed.  48  A.  560.  New  school  districts  may  be  formed, 
how.  75  A.  317. 

When  it  is  desired  to  form  a  new  district  by  division  or  consolidation,  or  to 
change  the  boundary  lines  of  two  or  more  districts,  the  first  step  is  the  preparation 
of  a  petition  clearly  setting  forth  the  change  desired,  which  petition  must  be  signed 
by  at  least  ten  qualified  voters  "residing  in  any  district  affected  thereby."  It  is  not 
necessary  that  the  voters  all  reside  in  the  same  district— part  may  reside  in  each 
district,  but  every  signer  must  reside  in  some  one  of  the  districts  affected  by  the 
proposed  change.  As  many  petitions  should  be  prepared  (all  alike)  as  there  are  dis- 
tricts affected,  and  one  petition  be  presented  to  the  clerk  of  each  district  affected. 
The  law  makes  it  the  duty  of  the  clerk,  without  any  action  of  the  board  of  directors, 
upon  receipt  of  the  petition  to  post  a  notice  in  at  least  five  public  places  in  the  district 
of  which  he  is  clerk,  fifteen  days  prior  to  the  time  of  the  annual  meeting.  A  failure 
to  do  this  subjects  the  clerk  to  a  fine  not  exceeding  one  hundred  dollars.  Sec.  10802. 

The  statutory  notice  prescribed  by  this  section  is  mandatory  and  jurisdictional, 
and  a  division  of  school  districts  made  at  an  annual  meeting  not  within  the  scope  of 
an  antecedent  notice  given  for  the  time,  and  at  the  places  and  in  the  manner  fixed 
by  law,  is  void.  The  notices  must  necessarily  be  as  comprehensive  as  the  proposition 
to  be  voted  on,  and  must  inform  the  voter  what  change  it  is  proposed  to  make  in 
the  boundaries  of  his  district.  Unless  the  notice  is  such  as  to  give  this  information, 
it  is  no  notice  at  all.  It  is  not  sufficient  that  the  voters  be  notified  that  at  the  annual 
meeting  they  will  be  called  upon  to  vote  upon  the  question  whether  or  not  a  new  dis- 
trict shall  be  formed,  and  a  change  made  in  the  boundary  lines  of  the  old  districts; 
they  must  be  notified  of  the  change  proposed,  of  what  territory  the  new  district  is 
to  be  composed,  of  what  change  is  to  be  made  in  the  boundaries  of  the  old  .ones. 
The  notice  is  sufficient  if  signed  by  the  district  clerk.  54  A.  31. 

There  are  four  different  propositions:  (a)  To  form  a  new  district  composed  of 
two  or  more  entire  districts;  (b)  to  form  a  new  district  composed  of  parts  of  two  or 


54  Revised  School  Laws. 

more  districts;  (c)  to  change  boundary  lines;  (d)  to  divide  one  district  to  form  two 
new  districts.  In  the  first  three  cases  the  districts  vote  as  wholes.  In  the  last  case 
each  part  votes  on  the  proposition  separately.  If  the  proposition  carries  in  all  the 
districts  and  parts  affected,  the  division  takes  place  at  once.  If  the  proposition  is 
carried  in  one  or  more  of  the  districts  or  parts  affected,  and  is  defeated  in  the  others, 
the  matter  may  be  appealed  to  the  county  superintendent.  The  appeal  may  be  taken 
by  a  board  of  directors  acting  officially,  or  it  may  be  taken  by  one  or  more  of  the 
petitioners  acting  for  all.  The  superintendent  alone  cannot  consider  an  appeal.  He 
must  appoint  &  board  of  arbitration  consisting  of  four  taxpayers  who  live  in  the  county, 
but  not  in  any  one  of  the  districts  affected  by  the  proposed  change.  This  board  of 
arbitration  must  meet  at  time  and  place  fixed  by  the  county  superintendent  within 
fifteen  days  after  the  annual  meeting  (Wednesday  of  second  week  after  annual  meeting 
is  last  day  for  such  hearing).  The  superintendent  is  ex  offlcio  chairman  of  this  board, 
but  has  no  vote  except  in  case  of  a  tie  in  the  vote  of  the  other  four  members.  This 
board  is  allowed  a  fee  of  fifteen  dollars  (three  dollars  each)  for  every  case  appealed, 
which  fee  must  be  paid  by  the  district  or  persons  taking  the  appeal. 

One  board  may  be  appointed  to  consider  all  appealed  cases  in  the  county  in  any 
one  year,  and  this  board  could  be  called  to  meet  at  county  seat  on  second  Monday 
after  annual  meeting,  thus  giving  themselves  three  days  to  consider  all  such  cases. 
The  appeal  must  be  filed,  in  writing,  with  the  county  superintendent,  within  five  days 
after  the  annual  meeting.  The  first  Monday  after  the  annual  meeting  is  the  last  day 
upon  which  the  appeal  can  be  filed.  99  A.  559.  If  filed  after  that  day,  the  action 
of  the  superintendent  thereon  would  be  null  and  void. 

The  proposition  voted  on  must  specify  the  boundaries  of  the  districts  as  sought 
to  be  changed  or  established.  The  notices  must  also  specify  the  changes  proposed  in 
the  school  district  boundaries,  and  are  sufficient  if  signed  by  the  district  clerk.  The 
county  superintendent  cannot  go  beyond  the  proposition  voted  on  and  establish  bound- 
aries different  from  those  specified  in  the  proposition.  94  Mo.  612;  89  Mo.  23.  When 
a  person  by  his  laches  cannot  complain  that  a  school  district  was  never  legally 
organized.  90  Mo.  683.  When  the  county  superintendent  has  acted,  whether  with  or 
without  jurisdiction,  mandamus  cannot  be  invoked  for  the  purpose  of  reversing  his 
decision.  84  Mo.  90.  Quo  warranto  will  lie  on  behalf  of  the  state  to  determine  the 
right  of  individuals  to  exercise  the  office  of  school  directors.  84  Mo.  198.  Sufficiency 
of  notice.  54  A.  31. 

Board  of  arbitration  has  no  jurisdiction  to  hear  an  appeal  as  to  formation  of  a 
new  district  unless  the  question  of  the  proposed  change  in  the  district  has  first  been 
voted  on  at  the  annual  meetings  of  all  the  districts  involved.  84  A.  654. 

Arbitrators  or  witnesses  not  required  to  be  sworn.    187  Mo.  409. 

The  action  of  the  board  of  arbitration  in  determining  the  formation  of  a  new 
school  district  is  judicial,  and  may  be  restrained  by  prohibition.  84  A.  654 ;  64  A.  313. 

FORM  OF  PETITION  FOR  CHANGE  OF  BOUNDARY. 
To  the  district  clerk: 

We,   the  undersigned,   qualified  voters  (ten  or  more)   of  district  No.  —  — ,   county 

of ,  state  of  Missouri,  desire  the  following  changes  in  district  boundary  lines : 

and  hereby  petition  you  "to  post  a  notice  of  such  desired  change  in  at  least  five  public 
places  in  each  district  interested,  fifteen  days  prior  to  the  time  of  the  annual  meeting." 

(Signed  by  ten  or  more  qualified  voters  residing  in  any  territory  affected  by  the 
proposed  change.) 

Sec.  10838.     Preceding    section    to   apply   to    what    districts. 

The  provisions  of  section  10837  shall  apply  to  all  districts  of  this 
state  organized  under  special  charter,  or  under  and  by  virtue  of 
any  special  law  of  the  state  of  Missouri  organizing  or  incorpo- 
rating such  school  district,  excepting  such  school  districts  formed 
from  territory  composed  of  land  granted  to  any  city,  town  or  vil- 


Revised  School  Laws.  55 

lage  by  virtue  of  any  act  of  congress  confirming  to  said  city,  town 
or  village  said  grants  of  land,  and  excepting  school  districts  formed 
of  or  contained  in  cities  and  towns  containing  one  hundred  thou- 
sand inhabitants  or  over.  (R.  S.  1899,  §  9743,  re-enacted,  L.  1909, 
p.  770.) 

Sec.  10839.     Division  of  property  when  new  district  created. 

Whenever  a  new  school  district  is  or  shall  hereafter  be  formed 
which  shall  include  within  its  limits  territory  upon  which  taxes 
have  been  collected  to  erect  or  aid  in  the  erection  of  a  schoolhouse, 
or  if  there  be  an  accumulation  of  cash  or  other  property  from  taxes 
collected  in  the  territory  from  which  such  new  district  has  been  or 
hereafter  may  be  formed,  it  shall  be  the  duty  of  such  districts, 
through  their  respective  boards  of  directors,  at  a  joint  meeting  to 
be  held  at  the  schoolhouse  of  the  old  district,  to  ascertain  what  are 
the  rights  and  interest  of  such  new  district  in  the  property  and 
cash  on  hand  of  the  old  district  or  districts  from  which  such  new 
district  was  formed,  and  to  agree  upon  a  sum  to  be  paid  to  such 
new  district  therefor.  The  directors  of  either  district  may  call 
such  meeting  by  giving  the  directors  of  the  other  district  fifteen 
days'  notice  in  writing.  The  rights  of  the  several  districts  may 
be  ascertained  by  computing  the  taxes  which  have  been  levied  and 
collected  on  the  property  in  each  district,  and  the  value  of  such 
schoolhouse  or  other  school  property  at  the  time  the  new  district  is 
formed,  but  this  method  shall  not  exclude  or  prevent  other  meth- 
ods of  ascertaining  the  true  value  of  the  interest  of  such  newly 
formed  district  in  or  to  the  property  of  the  district  or  districts  of 
which  it  was  formerly  a  part :  Provided,  that  if  the  persons  who 
have  petitioned  f  of  the  organization  of  such  new  district  shall  have 
inserted  in  their  petition  or  notice  of  election  an  offer  to  waive  all 
claims  upon  the  property  or  cash  of  the  district  or  districts  from 
which  they  sought  to  be  detached,  then  such  newly  formed  district 
shall  have  no  right  to  or  claim  upon  the  money  or  property  o£the 
district  or  districts  from  which  it  was  detached.  .  (R.  S.  1899, 
§  9744,  amended,  L.  1909,  p.  770.) 

If  petitioners  for  a  new  school  district  offer  to  release  all  claims  to  property  of, 
old  districts  out  of  which  new  one  is  to  be  formed,  the  proposition  must  be  recited  in 
all  the  notices  of  election,  otherwise  the  election  will  be  void  as  to  such  proposition. 
School  District  v.  Neal,  74  A.  553.  This  section  has  no  application  to  a  change  of 
boundaries  between  two  old  districts.  School  District  v.  District,  94  Mo.  612.  When 
a  tax  is  levied  it  must  be  collected  and  paid  into  treasury  to  the  credit  of  the  par- 
ticular district  for  which  it  was  levied,  and  any  claim  to  such  taxes  by  a  district 
thereafter  organized  must  be  settled  under  the  provisions  of  section  10840.  Rice  v. 
McClelland,  58  Mo.  116. 

When  a  new  district  is  formed,  tax  to  erect  a  schoolhouse  must  be  levied  upon 
(he  whole  of  the  organized  district.  80  Mo.  190.  New  district  cannot  maintain  action 
(or  money  in  the  hands  of  county  treasurer.  18  A.  266. 

Sec.  10840.     Valuation    of   property   to    be   divided. — If   the 

boards  of  directors  of  the  several  districts  cannot  agree  upon  a 
settlement  as  provided  in  the  foregoing  section,  then  either  dis- 


56  Revised  School  Laws. 

trict  may  appeal  to  the  county  superintendent  of  public  schools, 
who  shall  appoint  four  persons  as  a  board  of  arbitration,  as  pro- 
vided by  section  10837,  to  ascertain  and  agree  upon  the  amount,  if 
anything,  due  from  the  old  district  or  districts  to  the  new  district, 
and  upon  the  filing  of  their  award  with  the  clerk  of  the  old  district 
or  districts,  such  district  or  districts  (as  the  case  may  be)  shall 
owe  the  new  district  the  full  amount  or  amounts  of  such  award. 
Whenever  the  amount  of  such  indebtedness  from  the  old  district 
or  districts  is  ascertained  by  the  boards  of  directors,  or  by  the 
award  of  arbitration  or  otherwise,  the  board  of  directors  of  such 
old  district  or  districts  shall  pay  to  the  new  district  the  amount  or 
amounts  found  to  be  due  to  it,  and  for  the  purpose  of  making  such 
payment,  the  board  of  directors  of  such  old  district  or  districts  shall, 
if  necessary,  cause  a  tax  to  be  levied  upon  the  property  of  their 
districts,  and  when  the  same  is  collected  and  paid  over  it  shall 
constitute  a  building  fund  for  such  new  district.  (R.  S.  1899, 
§  9745,  amended,  L.  1909,  p.  770.) 

A  vote  of  the  qualified  voters  upon  proposition  to  withdraw  from  that  part  of 
the  district  lying  outside  of  their  own  county  was  ineffectual  to  divide  such  district 
when  no  vote  was  taken  to  unite  an  adjoining,  or  form  a  separate,  district.  78  Mo.  80. 

Sec.  10841.  Assessment  of  building  fund. — The  amount  levied 
by  the  new  district-  for  building  purposes,  where  either  or  all  of 
the  parts  of  which  it  is  composed  have  received  their  proportion 
of  the  property  of  the  old  district,  shall  be  divided  proportionately ; 
and  those  amounts,  less  the  amounts  thus  received,  shall  be  as- 
sessed and  collected  from  the  property  included  in  the  limits  of  the 
respective  portions.  (R.  S.  1899,  §  9746,  re-enacted,  L.  1909, 
p.  770.) 

This  section  has  no  application  to  a  mere  change  of  boundaries  between  two 
established  districts.  School  District  v.  District,  94  Mo.  612. 

The  raising  of  a  building  fund,  in  case  of  a  formation  of  the  new  district,  has 
no  application  where  the  boundary  lines  are  changed.  94  Mo.  612. 

Sec.  10842.  Division  of  districts  lying  in  two  or  more  coun- 
ties.— Whenever  any  school  district  in  this  state  shall  lie  partly  in 
two  counties,  and  a  majority  of  the  qualified  voters  in  that  portion 
of  said  district  lying  in  any  one  of  such  counties  shall  desire  to 
divide  such  district  by  county  lines,  they  may  hold  an  election  for 
that  purpose  in  that  part  of  the  district  where  they  reside  by 
giving  fifteen  days'  notice  of  the  time  and  place  of  holding  such 
election  by  five  handbills,  signed  by  such  qualified  voters,  and 
posted  up  in  five  public  places  in  such  district.  Such  election  shall 
be  held  in  the  same  manner  as  in  newly  created  districts,  and  if  a 
majority  of  the  votes  cast  at  such  election  be  in  favor  of  dividing 
such  district  on  county  lines,  then  such  district  shall  be  deemed  so 
divided,  and  the  persons  acting  as  chairman  and  secretary  of  such 
meeting  shall  certify  the  result  of  such  election  to  the  clerks  of  the 
county  courts  of  both  the  counties  in  which  said  district  was  orig- 


Revised  School  Laws.  57 

inally  situated.  From  and  after  the  division  of  such  district  as 
herein  mentioned  each  part  thereof  shall  be  a  separate  school  dis- 
trict with  all  the  powers  of  other  districts,  and  may  choose  direc- 
tors as  in  newly  formed  districts,  and  may  continue  as  separate 
districts  or  be  annexed  by  or  to  other  districts  in  the  counties 
where  they  are  severally  situated  in  the  manner  now  provided  by 
law,  or  by  a  petition  of  all  the  qualified  voters  of  such  new  dis- 
trict, and  the  consent  of  the  board  of  directors  of  the  district  or 
districts  to  which  they  desire  to  be  attached,  at  a  meeting  of  such 
directors,  held  for  that  purpose.  Each  new  district  created  by 
dividing  a  district  originally  lying  partly  in  two  counties,  which 
shall  at  the  time  of  such  division  have  within  its  boundaries  any 
school  property  or  cash  on  hand,  received  or  paid  for  partly  by 
taxes  levied  on  property  situated  in  that  part  of  the  original  dis- 
trict lying  in  another  county,  shall  be  required  to  settle  with  and 
account  to  such  district  lying  in  such  other  county  for  its  just 
share  of  such  school  property,  and  cause  to  be  paid  to  it  the  amount 
found  to  be  due,  which  amount  may  be  ascertained  and  paid  under 
the  provisions  of  sections  10839  and  10840.  All  taxes  collected 
for  any  district,  which  has  been  divided  under  the  provisions  of 
this  section,  shall  be  paid  to  the  successor  or  successors  of  such 
school  district  lying  in  the  county  where  such  taxes  may  be  col- 
lected. Hereafter  no  new  school  district  shall  be  formed  of  terri- 
tory lying  in  two  counties,  except  where  the  portion  of  a  district 
sought  to  be  joined  across  the  county  line  is  cut  off  from  the  dis- 
trict or  districts  in  the  same  county  by  a  running  stream,  which 
can  not  easily  be  crossed  by  children  attending  said  school;  and 
provided,  that  districts  or  parts  of  districts  lying  in  another  county 
but  adjoining  a  district  that  contains  a  city,  town  or  consolidated 
school  district  may  become  a  part  of  said  city,  town  or  consolidated 
school  district  in  the  same  manner  as  provided  in  section  10880. 
In  all  school  districts  divided  by  county  lines  it  shall  be  the  duty  of 
the  clerk  of  such  school  district  to  report  to  the  clerk  of  each 
county  in  which  such  district  is  in  part  located  the  number  of  per- 
sons of  school  age  residing  in  that  part  of  said  school  district  lying 
within  the  respective  counties,  together  with  the  amount  of  money 
necessary  to  maintain  the  school,  and  such  other  funds  as  it  is  nec- 
essary to  raise  by  taxation  in  the  same  manner  as  is  provided  in 
districts  not  so  divided.  And  it  shall  be  the  duty  of  the  county 
court  and  county  clerk  of  each  county  in  which  such  district  is 
located  to  apportion  to  said  district  such,  part  of  the  public  school 
funds  as  the  enumeration  of  such  parts  of  said  districts  shows  it 
to  be  entitled,  and  all  moneys  collected  for  school  purposes  as  taxes 
on  property  within  such  district  shall  be  paid  to  said  district,  the 
same  as  if  it  lay  entirely  within  one  county.  (R.  S.  1899,  §  9747, 
amended,  L.  1909,  p.  770.) 

A  town  or  city  district  lying  partly  in  two  counties  cannot  be  divided  under  the 
provisions  of  this  section,   as  it  applies  only  to  common  schools.    State  ex  rel  v.  Fry, 


58  Revised  School  Laws. 

186  Mo.  198.  It  is  not  necessary  that  the  new .  district  created  by  dividing  a  district 
lying  partly  in  two  counties  should  have  the  number  of  pupils  and  taxable  property 
required  of  other  new  districts.  State  ex  rel.  v.  Patton,  79  A.  164. 

School  districts  lying  in  two  or  more  counties,  how  divided.    78  Mo.  80. 

While  this  section  authorizes  a  majority  of  the  legal  voters  in  a  fractional  part 
of  a  district  divided  by  a  county  line  to  at  any  time  withdraw  from  the  district  and 
either  form  a  new  district  or  become  attached  to  a  district  in  their  own  county,  there 
are  good  reasons  why  such  division  should  take  place  only  at  the  annual  meeting, 
or  within  thirty  days  thereafter.  The  estimate,  enumeration  list,  and  list  of  tax- 
payers are  furnished  the  county  clerk  in  May,  and  all  changes  of  boundary  line 
should  take  place  before  this  is  done.  This  does  not  apply  to  districts  organized  under 
article  II,  relating  to  city  and  town  schools. 

Note  that  no  new  district  can  be  legally  formed  that  will  be  divided  by  a  county 
line  except  where  the  portion  sought  to  be  joined  across  the  county  line  is  cut  off 
from  the  district  in  the  same  county  by  a  running  stream  which  cannot  easily  be 
crossed  by  children  attending  the  school.  This  provision  also  applies  to  changes  of 
boundary  line.  There  can  be  no  appeal  to  the  county  superintendent  upon  the  question 
of  joining  territory  to  districts  across  a  county  line. 

Sec.  10843.  First  meeting  of  newly  created  districts. — It  shall 
be  the  duty  of  the  voters  resident  in  the  territory  embraced  within 
the  limits  of  the  newly  created  district  to  assemble  at  some  central 
point  within  said  district  within  fifteen  days  after  the  formation 
thereof — such  point  to  be  designated  by  notices  posted  in  at  least 
five  public  places  in  said  district,  or  by  notices  published  for  the 
same  length  of  time  in  all  the  newspapers  published  in  such  dis- 
trict, and  signed  by  two  of  the  resident  freeholders  therein;  and 
such  meeting,  when  assembled,  shall  be  invested  with  the  same 
powers  and  be  conducted  as  prescribed  for  the  first  annual  district 
meeting  held  under  the  provisions  of  this  chapter :  Provided,  that 
the  children  in  such  newly  created  district  shall  have  the  right  to 
attend  school  in  their  original  districts  until  the  thirtieth  of  June 
following.  (R:  S.  1899,  §  9748,  amended,  L.  1909,  p.  770.) 

Unless  the  voters  of  a  new  district  meet  and  organize  within"  fifteen  days  aften 
they  are  voted  out  of  the  old  districts,  the  organization  of  the  new  district  will  be  void.. 
School  District  v.  Wallace*  75.  A.  317.  But  .if  an  appeal  be  taken,  the  first  meeting 
can  be  held  within  fifteen  days  after  notice  of  decision  of  board  of  arbitrators, .  and  a 
failure  to  adopt  a  plat  of  the  district  at  first  meeting  does  not  render  its  acts  invalid. 
State  ex  rel.  v.  Burford,  82  A.  343.  Such  first  meeting  held  upon  due  notice  has  all 
the  powers  of  an  annual  meeting,  and  may  vote  a  tax  for  building  purposes  as  well 
as  to  hire  teachers.  State  ex  rel.  v.  Edwards,  151  Mo.  473. 

Note.— This  section  does  not  specify  for  what  length  of  time  notice  shall  be  given 
of  first  meeting  in  newly  formed  districts,  but  as  such  meeting  must  be  held  ivithin 
fifteen  days  after  the  annual  meetings,  it  would  only  be  possible  to  give  fifteen  days' 
notice  thereof  by  posting  such  notices  on  the  day  of  the  annual  meetings,  designating 
the  fifteenth  day  after  the  annual  meetings  as  the  date  for  such  first  meeting.  If  an 
appeal  be  granted,  the  notice  for  such  first  meeting  should  be  given  as  soon  as  notice 
of  the  decision  of  the  board  of  arbitrators  is  received. 

Notice  for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  according 
to  the  provision  of  this  section.  54  A.  31. 

Upon  complying  with  section  10837.  the  new  district  or  districts  "shall  be  deemed 
formed."  It  will  therefore  be  observed  that  failure  to  do  the  things  provided  in  this 
section  after  the  formation  of  the  district  would  not  work  a  forfeiture  of  its  organiza- 
tion. While  the  provisions  of  this  section  must  he  complied  with,  yet  the  fifteen  days' 
time  given  therefor  is  merely  declaratory. 


Revised  School  Laws.  59 

It  is  not  a  condition  to  the  validity  of  the  division  of  a  school  district  that  notice 
for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  in  accordance  with 
the  provisions  of  section  10843  of  the  Revised  Statutes.  The  corporate  existence  of  the 
new  districts  dates  from  the  meeting  whereat  they  were  substituted  for  the  old 
district.  54  A.  31. 

The  notices  of  this  meeting  need  not  be  posted  "fifteen  days  before  the  meeting" 
as  notices  of  all  other  school  meetings  must.  In  fact,  they  cannot  be  posted  for  such 
time,  as  the  meeting  must  be  held  "within  fifteen  days  after  the  formation"  of  the 
district.  It  is  unquestionably  the  intention  of  the  law  to  make  this  exception,  although 
the  phrase  "for  the  same  length  of  time"  used  in  reference  to  the  time  of  publication 
in  newspapers  is  ambiguous. 

Sec.  10844.  Annual  meeting. — The  annual  meeting  of  each 
school  district  shall  be  held  on  the  first  Tuesday  in  April  of  each 
year,  at  the  district  schoolhouse,  commencing  at  2  o'clock  p.  m. 
If  no  schoolhouse  is  located  within  the  district,  the  place  of  meeting 
shall  be  designated  by  notices,  posted  in  five  public  places  within 
the  district  fifteen  days  previous  to  such  annual  meeting,  or  by 
notice  for  same  length  of  time  in  all  the  newspapers  published  in 
the  district,  giving  the  time,  place  and  purposes  of  such  meeting. 
(R.  S.  1899,  §  9749,  amended,  L.  1909,  p.  770.) 

Chairman  of  meeting  not  subject  to  criminal  law  for  rejecting  vote  of  applicant 
for  suffrage.  19  A.  210. 

The  law  fixes  the  time  of  the  annual  meeting  on  the  first  Tuesday  in  April  in 
each  year  at  2  o'clock  p.  m.  All  residents  of  the  district  are  expected  to  take  notice 
of  'this  fact.  Those  who  are  present  at  the  hour  named,  and  authorized  to  participate 
in  the  deliberations,  may  organize  the  meeting  and  proceed  with  the  order  of  business 
specified  in  section  10845.  Each  item  of  the  order  of  business  may  be  taken  up  and 
disposed  of,  and  those  who  arrive  later  have  no  right  to  complain  that  they  were 
deprived  of  their  right  to  take  part  in  the  business  disposed  of  before  their  arrival. 

Sec.  10845.  Powers  of  the  annual  meeting. — The  qualified 
voters  assembled  at  the  annual  meeting,  when  not  otherwise  pro- 
vided, shall  have  power  by  a  majority  of  the  votes  cast: 

First — To  organize  by  the  election  of  a  chairman  and  a  secre- 
tary, who  shall  keep  an  accurate  record  of  the  proceedings  of  the 
meeting,  which,  when  duly  approved  and  attested  by  the  signature 
of  the  chairman,  the  clerk  shall  enter  upon  the  record  of  the  dis- 
trict. 

Second — To  choose,  by  ballot,  one  director,  who  shall  hold  his 
office  for  the  term  of  three  years  and  until  his  successor  is  elected 
and  qualified. 

Third — To  fill  vacancies,  if  any,  caused  by  'death,  resignation, 
refusal  to  serve,  repeated  neglect  of  duty  or  removal  from  the  dis- 
trict; and  the  persons  thus  elected  shall  hold  their  office  for  the 
unexpired  term  and  until  their  successors  are  elected  and  qualified. 

Fourth — To  determine,  by  ballot,  the  length  of  school  term  in 
excess  of  eight  months  that  the  public  schools  of  the  district  shall 
be  maintained  for  the  next  scholastic  year;  also,  to  determine  the 
rate,  if  any,  in  excess  of  forty  cents  on  the  one  hundred  dollars' 
assessed  valuation  to  be  levied  for  school  purposes,  as  provided  for 
in  section  10796. 


60  Revised  School  Laws. 

Fifth^To  determine,  by  majority  vote,  whether  or  not  the 
schoolhouse  of  the  district  may  be  used  during  the  ensuing  year 
for  religious,  literary  or  other  purposes,  or  for  the  meeting  of 
farmer  or  labor  organizations,  secret  or  otherwise. 

Sixth — To  decide  in  favor  of  or  against  any  proposed  change 
of  boundaries,  notice  of  such  change  having  been  given  in  each  and 
every  district  affected  thereby  in  the  manner  provided  by  law. 

Seventh — To  direct  the  sale  of  any  property  belonging  to  the 
district  but  no  longer  required  for  the  use  thereof,  to  determine 
the  disposition  of  the  same  and  the  application  of  the  proceeds. 

Eighth — To  designate  their  choice,  by  ballot,  for  a  person  to 
fill  the  office  of  county  superintendent  of  public  schools. 

Ninth — To  determine,  by  ballot,  the  rate  to  be  levied  upon  the 
one  hundred  dollars'  assessed  valuation  necessary  to  purchase  a 
site,  erect  a  schoolhouse  thereon  and  furnish  the  same,  as  provided 
for  in  section  10797. 

Tenth — To  determine,  in  districts  newly  formed,  or  wherein 
no  schoolhouse  site  has  yet  been  selected,  the  location  thereof, 
notice  having  been  given  in  the  manner  provided  by  law. 

Eleventh — To  change  the  location  of  schoolhouse  site  when  the 
same  for  any  cause  is  deemed  necessary:  Provided,  that  in  every 
case  a  majority  vote  of  the  voters  who  are  resident  taxpayers  of 
said  district  shall  be  necessary  to  remove  a  site  nearer  the  center 
of  said  district;  but  in  all  cases  to  remove  a  site  further  from  the 
center  of  said  district,  it  shall  require  two-thirds  of  the  legal  voters 
who  are  resident  taxpayers  of  such  school  district  voting  at  such 
election.  (R.  S.  1899,  §  9750,  amended,  L.  1909,  p.  770.) 

To  increase  the  rate  of  taxation  for  school  purposes  above  forty  cents  on  the 
hundred  dollars  at  a  special  meeting,  the  board  must  first  determine  the  rate  and  then 
submit  the  proposition  by  notice,  but  at  the  annual  meeting  under  the  fourth  power  of 
the  annual  school  meeting,  the  voters  may  increase  the  rate  of  levy  for  school  pur- 
poses in  excess  of  forty  cents  on  the  one  hundred  dollars'  valuation  without  notice 
having  been  given  that  such  vote  would  be  taken.  Benton  v.  Scott,  168  Mo.  378.  An 
estimate  calling  for  an  increase  of  taxes  for  teachers  and  incidental  funds,  which,  in 
the  aggregate,  exceed  forty  cents  on  the  one  hundred  dollars'  valuation,  when  such 
increase  has  not  been  sanctioned  by  a  majority  vote  of  the  district,  is  not  authorized, 
and  taxes  assessed  on  such  estimates  will  be  illegal  as  to  such  excess.  Kansas  City, 
etc.,  v.  Chapin,  162  Mo.  409.  To  change  the  location  of  a  schoolhouse  site  nearer  the 
center  of  district  only  a  majority  of  taxpayers  present  and  voting  in  the  election  is 
necessary.  Richardson  v.  McReynolds,  114  Mo.  641 ;  Tucker  v.  McKay,  131  A.  728. 
Failure  of  district  clerk  to  copy  into  his  record  the  signature  of  the  person  who  acted 
as  chairman  of  the  annual  meeting  does  not  render  such  record  incompetent  evidence 
of  the  proceedings  of  such  meeting.  State  ex  rel.  v.  Eden,  54  A.  31.  The  expense  of 
moving  a  schoolhouse  cannot  be  paid  out  of  the  incidental  fund,  but  should  be  paid 
out  of  building  fund.  A  proposition  "to  move  schoolhouse  to  southeast  corner  of 
J.  B.  Whitney's  place"  held  sufficiently  definite  to  enable  directors  to  determine  where 
it  should  be  moved.  Livesay  v.  Whitney,  107  A.  475.  The  law  does  not  designate  the 
particular  form  in  which  minutes  of  the  annual  meeting  shall  be  kept,  and  an  entry 
that  "next  in  order  voted  to  move  schoolhouse;  carried,"  while  incomplete,  may  be 
explained  by  parol  evidence  to  show  that  the  vote  was  by  ballot,  and  that  the  neces- 
sary majority  voted  therefor.  The  removal  of  a  schoolhouse  pursuant  to  a  vote  of 
district  cannot  be  enjoined  because  district  has  no  funds  to  pay  the  expenses,  if 


Revised  School  Laws.  (\  1 

responsible  citizens  of  the  district  have  obligated  themselves  to  pay  for  such  removal. 
Tucker  v.  McKay,  131  A.  728. 

Note.— It  seems  that  school  boards  may,  by  proper  notice,  submit  to  annual  meet- 
ings propositions  to  change  boundaries  without  a  petition  praying  for  such  change,  but 
this  point  has  not  been  directly  decided  by  appellate  courts.  Mason  v.  Kennedy,  89 
Mo.  23. 

The  powers  of  the  board  of  directors  defined.  48  A.  408;  30  A.  641.  The  powers 
conferred  on  the  voters  have  relation  to  the  then  existing  school  year.  27  A.  36. 

Our  supreme  court  has  held  that  school  districts  are  quasi  corporations,  the 
powers  and  duties  of  the  corporators  being  limited  and  prescribed  by  statute.  The 
corporators  are  the  legal  voters  of  the  district,  the  directors  being  chosen  by  them. 
Certain  powers  and  duties  devolve  by  law  exclusively  upon  the  directors,  and  the  incor- 
porators  cannot  abridge  or  interfere  with  these  powers  and  duties.  In  some  districts 
the  voters  attempt  to  select  the  teacher  by  a  vote.  The  right  to  select  teachers  belongs 
exclusively  to  the  board,  and  a  vote  taken  upon  this  proposition  must  be  considered 
by  the  board  as  a  recommendation  only.  It  will  be  observed  that  unless  otherwise 
provided  by  law,  a  proposition  submitted  to  the  annual  meeting  is  determined  by  a 
majority  of  the  votes  cast.  The  chairman  should  not  recognize  a  motion  to  adjourn 
until  all  the  business  for  which  the  meeting  was  convened  has  been  transacted.  The 
law  provides  that  the  meeting  shall  convene  at  2  o'clock  p.  m.  Promptly  at  that  time 
the  legal  voters  may  proceed  to  organize  the  meeting  and  take  up  the  order  of  busi- 
ness specified  in  section  10845.  When  the  business  is  completed,  the  meeting  may 
adjourn,  and  voters  who  neglect  to  be  present  have  no  right  to  complain. 

First.  The  meeting  is  organized  by  the  election  of  a  chairman  and  a  secretary. 
These  are  temporary  officers  and  must  not  be  confounded  with  the  president  and 
clerk  of  the  board  of  directors.  The  chairman,  presides  during  the  meeting,  putting 
all  motions  and  announcing  the  result.  The  chairman  is  entitled  to  vote  upon  all 
propositions  submitted.  In  case  of  a  tie  vote,  the  proposition  or  motion  voted  upon 
must  be  declared  lost.  The  secretary  keeps  a  correct  record  of  the  proceedings  of  the 
meeting,  which,  "when  duly  approved  and  attested  by  the  chairman,"  must  be  turned 
over  to  the  district  clerk  to  be  entered  upon  the  district  record. 

Second.  Notice  that  the  director  is  to  be  chosen  by  ballot  for  three  years,  and 
that  he  is  to  hold  his  office  "until  his  successor  is  elected  and  qualified."  By  reference 
to  section  10847  we  find,  speaking  of  directors,  "and  shall  hold  their  office  for  the 
term  of  three  years,  and  until  their  .successors  are  elected  or  appointed  and  qualified." 
Yet,  in  section  10850,  the  remaining  two  directors  are  authorized  to  appoint  when  a 
vacancy  occurs  in  one  of  the  five  following  ways :  First,  by  death  ;  second,  resignation ; 
third,  refusal  to  serve ;  fourth,  repeated  neglect  of  duty ;  fifth,  removal  from  the  dis- 
trict. Upon  failure  to  elect  a  director  at  the  annual  meeting,  the  remaining  two 
members  cannot  appoint,  but  the  old  director  holds  over  to  the  next  annual  meeting, 
unless  the  outgoing  member  was  appointed.  No  director  (in  an  annual  mass  meeting), 
in  a  district  with  three  directors,  can  be  elected  unless  he  receives  a  "majority  of  the 
votes  cast."  If,  upon  the  announcement  by  the  chairman  of  the  first  ballot,  no  one 
has  "a  majority  of  the  votes  cast,"  successive  ballots  should  be  taken  till  some  one 
does  receive  such  majority.  When  an  annual  meeting  has  adjourned  after  all  business 
has  been  attended  to,  another  meeting  or  getting  together  cannot  be  had  that  day 
or  at  any  other  day  except  it  be  called  in  accordance  with  section  10799.  /  The  election 
cf  a  director  is  restricted  to  the  annual  meeting  by  section  10847. 

Third.  Filling  of  vacancies.— It  should  be  noted  that  persons  elected  at  the  annual 
meeting  to  fill  vacancies  "hold  their  office  for  the  unexpired  term,  and  until  their 
successors  are  elected  and  qualified,"  while  persons  appointed  by  the  board  under 
section  10850  to  fill  vacancies  "serve  until  the  next  annual  school  meeting." 

Fourth.  Increase  of  levy  for  school  purposes.— The  annual  meeting  is  authorized 
"to  determine  the  rate,  if  any,  in  excess  of  forty  cents  on  the  hundred  dollars 
assessed  valuation  to  be  levied  for  school  purposes."  The  proposition  voted  on  should 
be,  for  instance,  to  levy  forty-five  cents,  fifty  cents,  or  any  amount  not  exceeding 
sixty-five  cents  on  the  one  hundred  dollars  valuation  for  school  purposes.  Both  the 
souri  Constitution  and  statutes  limit  the  amount  to  be  levied  for  school  purposes, 


f( 


62  Revised  School  Laws. 

in  districts  not  formed  of  cities  and  towns,  to  sixty-five  cents  on  the  hundred  dollars 
valuation.  In  districts  formed  of  cities  and  towns,  a  hundred  cents  on  the  hundred 
dollars  valuation  may  be  levied  for  school  purposes.  Any  school  district  which  is 
organized  as  a  village  or  town  district  with  six  school  directors  under  section  10865, 
and  which  contains  within  its  boundaries  a  platted  town,  may  levy  for  school  pur- 
poses any  amount  not  in  excess  of  one  hundred  cents  on  the  one  hundred  dollars 
valuation.  Only  taxpayers  can  vote  on  the  proposition  to  increase  the  levy  for  school 
purposes.  By  reference  to  section  10796  it  will  be  seen  that  a  vote  upon  this  propo- 
sition is  not  confined  to  the  annual  meeting,  but  can  be  had  at  any  time  upon  petition 
of  five  resident  taxpayers,  or  when  the  board  of  directors  deem  it  necessary. 

Fifth.  To  decide  upon  use  of  schoolhouse  for  other  purposes,  etc.— The  annual 
meeting  may,  without  previous  notice,  determine  whether  or  not  the  schoolhouse  shall 
be  used  during  the  ensuing  year  for  any  other  purpose  than  that  of  the  public  school. 
See  also  section  10784. 

Seventh,  To  direct  the  sale  of  school  property.— The  annual  meeting  is  here 
authorized  to  direct  the  sale  of  school  property  and  not  to  sell  it ;  that  is,  to  authorize 
the  board  of  directors  to  sell  the  property— on  such  conditions  and  under  such  limita- 
tions, of  course,  as  the  annual  meeting  may  see  fit  to  impose.  It  should  be  observed 
also  that  this  property  is  to  be  "no  longer  required  for  the  use  of  the  district."  It  is  to 
be  supposed,  of  course,  that  at  the  same  annual  meeting  at  which  the  sale  of  this 
property  is  directed,  bonds  will  be  voted  for  the  erection  of  schoolhouse  and  fur- 
nishing the  same.  The  board  of  directors  should  receive  definite  instruction  not  to 
dispose  of  the  old  schoolhouse  till  a  contract  is  entered  into  for  the  building  of  a 
new  schoolhouse  before  the  opening  of  school.  The  money  derived  from  the  sale  of 
the  school  property  should  be  credited  to  the  building  fund  of  the  district. 

Tenth.  Location  of  schoolhouse  site.— This  applies  to  any  school  district  seeking  a 
schoolhouse  site :  First,  to  a  regularly  organized  district  without  a  schoolhouse  site ; 
second,  to  districts  just  organized  from  unorganized  territory  (section  10836).  T,he 
annual  meeting  must  vote  upon  a  definite  site,  and  not  instruct  the  board  of  directors 
to  select  a  site.  The  proposition  is  carried,  by  a  majority  of  the  votes  cast.  This 
proposition  may  be  voted  on  either  at  an  annual  meeting  or  a  special  meeting  called  in 
accordance  with  section  10799. 

Eleventh.  To  change  location  of  schoolhouse  site.— In  the  discussion  of  this 
section  we  have  found  one  proposition  (increase  of  levy  for  school  purposes)  that  must 
be  decided  by  taxpayers  as  distinguished  from  qualified  voters.  The  change  of  location 
of  schoolhouse  site  is  a  second  proposition  that  is  determined  by  the  taxpayers  of 

the  district. 

% 

The  supreme  court,  in  the  114  Mo.,  at  page  649,  in  speaking  upon  this  statute, 
said:  "A  majority  vote  of  the  voters  who  are  resident  taxpayers  of  said  district 
means  a  majority  of  the  taxpayers  present  and  voting  at  such  election."  See,  also, 
37  Mo.  270. 

In  the  event  that  the  proposition  submitted  be  to  change  the  site  to  a  point  fur- 
ther from  the  center  of  the  district,  a  two-thirds  vote  of  the  resident  taxpayers  who 
are  legal  voters  present  and  voting  is  sufficient  to  carry  the  proposition.  The  law  does 
not  require  that  two-thirds  of  the  residents  of  the  district  who  are  legal  voters  and 
taxpayers  must  vote  affirmatively  upon  the  proposition  to  carry  it.  " 

All  propositions  submitted  at  the  annual  meeting,  except  these  two  (increase  of 
levy  for  school  purposes  and  change  of  schoolhouse  site),  can  be  decided  by  the 
qualified  voters;  these  two,  by  taxpayers  only.  For  definition  of  qualified  voter,  see 
section  10847. 

A  taxpayer  is  one  who  holds  in  the  district,  in  his  own  name,  real  or  personal 
property  liable  to  assessment  and  taxation. 

Of  the  eleven  items  of  section  10845,  the  fourth,  sixth,  ninth  and  tenth  require 
notices.  In  the  fourth,  it  is  the  latter  part— increase  of  levy— that  requires  notice. 

The  annual  meeting  cannot  authorize  a  spring  term  of  school  to  be  begun  or 
held  before  the  30th  of  June  next  succeeding;  or,  in  other  words,  it  cannot  extend 
the  term  of  school  voted  by  the  last  annual  meeting.  If  it  is  considered  desirable  to 
extend  the  school  term  beyond  that  voted  by  the  last  annual  meeting,  the  proposition 


Revised  School  Laws.  63 

must   be   submitted   at   a   special   meeting   called  as  provided   in   section  10799  for  that 
purpose. 

The  directors  have  no  power  of  their  own  will  to  select  the  schoolhouse  site. 
57  Mo.  430.  The  chairman  of  a  meeting  of  qualified  voters  of  a  school  district  for  the 
election  of  a  school  director  is  not  subject  to  the  criminal  law  for  rejecting  a  vote  of 
an  applicant  for  suffrage.  19  A.  210.  No  power  exists  in  a  board  of  public  school 
directors,  without  authority  from  the  voters  of  the  district,  to  rent  buildings  or  rooms 
separate  from  the  district  schoolhouse,  and  to  employ  teachers  for  a  supplemental 
school  therein.  30  A.  641.  Expense  of  moving  house  to  be  paid  out  of  building  fund. 
107  A.  475. 

FORM  FOR   NOTICE   OF  ANNUAL   SCHOOL  MEETING. 

Notice  is  hereby  given  to  the  qualified  voters  of  district  No.  ,  county  of , 

state  of  Missouri,   that  the  annual  school  meeting  of  said  district  will  be  held  at  , 

on  Tuesday,    the  —     —  day  of  April,   191—,   commencing  at  2  o'clock  p.  m.,   and  among 
other  things  specified  by  the  law,   the  following  will  be  proposed  and  considered: 


-,   District  Clerk. 


Sec.  10846.  Length  of  school  required — state  aid,  how 
obtained. — The  board  of  directors  of  every  school  district  is  hereby 
empowered  and  required  to  continue  the  public  school  or  schools 
in  the  district  for  a  period  of  eight  months  in  each  scholastic 
year :  Provided,  that  when  any  district  has  levied  for  school  pur- 
poses (teacher  and  incidental  expenses)  the  maximum  levy  pro- 
vided by  law  and  the  funds  so  derived,  together  with  the  money 
on  hand  and  the  amount  received  from  the  public  funds,  are  in- 
sufficient to  maintain  such  school  or  schools  for  such  a  period, 
paying  the  teacher  or  teachers  a  maximum  salary  of  forty  dollars 
($40.00)  per  month,  then  such  district  shall  receive  from  the  state 
treasurer  a  sufficient  amount  to  make  up  this  deficit:  Provided, 
that  a  salary  of  forty-five  dollars  ($45.00)  per  month  may  be  paid 
by  a  district  employing  a  teacher  who  holds  a  second  grade  certifi- 
cate, and  fifty  dollars  ($50.00)  per  month  by  a  district  employ- 
ing a  teacher  who  holds  a  first  grade  certificate,  or  its  equiva- 
lent: Provided  further,  that  no  district  shall  receive  more  than 
one  hundred  dollars  ($100.00)  in  any  one  year.  Any  district 
making  application  for  such  state  aid  shall  show  that  it  has  an 
assessed  valuation  of  fifty  thousand  dollars  or  less,  that  it  has 
made  a  levy  of  sixty-five  cents  on  the  one  hundred  dollars'  valu- 
ation for  school  purposes,  not  more  than  twenty-five  cents  of  said 
levy  to  be  used  for  incidental  purposes,  and  that  it  has  maintained 
an  average  daily  attendance  of  fifteen  or  more  pupils  during  the 
past  school  term;  or  in  lieu  of  an  average  daily  attendance  of  fif- 
teen- or  more  pupils  that  during  tlje  past  school  term  it  has  main- 
tained an  average  daily  attendance  of  sixty  per  cent,  of  the  last 
enumeration  in  said  district:  Provided  further,  that  any  school 
district  that  receives  aid  under  the  provisions  of  this  act  and  then 
pays  its  teachers  salaries  in  excess  of  the  amount  above  specified 


04  Kccised  School  Laics. 

shall  forfeit  its  right  to  any  further  state  aid  under  this  act  for  a 
period  of  two  years.  It  is  also  further  provided  that  no  school 
district  organized  after  January  1,  1913,  with  an  area  of  less  than 
six  square  miles  shall  be  entitled  to  state  aid  under  the  provisions 
of  this  act.  The  directors  of  any  such  district  desiring  to  avail 
itself  of  this  aid  shall  meet  and,  on  or  before  June  30th,  furnish  to 
the  county  clerk  an  estimate  verified  by  the  signatures  of  the  clerk 
and  the  members  of  such  board,  showing  the  amount  of  such 
probable  deficit ;  it  shall  be  the  duty  of  the  county  clerk  to  furnish 
to  the  state  superintendent,  on  or  before  July  15th,  a  list  of  all 
districts  in  his  county  making  such  application,  showing  the 
amount  estimated  by  each  district  and  the  total  for  the  county. 
Before  apportioning  the  state  school  funds,  the  state  superintend- 
ent of  public  schools  shall  set  aside  a  sum  equal  to  the  total  of  all 
deficits  reported  by  all  the  counties  in  the  state,  after  which  he 
shall  proceed  in  accordance  with  section  10822.  The  state  super- 
intendent shall  cause  the  state  treasurer  to  forward  to  the  county 
clerk  of  each  county  the  total  amount  shown  to  be  due  to  such 
county  to  make  up  such  deficits,  and  the  clerk  shall  thereupon 
apportion  to  each  district  its  proper  amount  in  accordance  with 
the  estimates  on  file  in  his  office.  (Session  Acts,  1913.) 

Every  district  in  the  state  must  have  an  eight  months  term  of  school  each 
scholastic  year,  provided  a  levy  of  forty  cents  on  the  one  hundred  dollars  assessed 
valuation,  together  with  the  public  funds  and  the  cash  on  hand,  is  sufficient  therefor. 
Should  a  district  be  unable  to  have  eight  months  of  school  it  may  receive  aid  from 
the  state. 

In  order  to  secure  aid  a  district  must  meet  the  following  three  conditions : 

1.  The  district  must  have  an  assessed  valuation  of  $50,000  or  less. 

2.  The  district  must  levy  65  cents  on  the  $100  for  school  purposes. 

3.  The  district  must  have   maintained  this  year  an   average  daily  attendance  of 
fifteen    pupils,    or    in    lieu    of    fifteen    pupils,    the    average    daily   attendance    must    be 
60  per  cent,  of  the  enumeration  of  the  preceding  year. 

The  amount  of  aid  granted  is  $100  per  district  or  so  much  thereof  as  may  be 
necessary  to  maintain  an  eight  months'  term  of  school  at  the  following  salaries : 

(a)  Forty  dollars  ($40.00)   per  month  for  a  teacher  who  holds  a  third  grade  cer- 
tificate. 

(b)  Forty-five  dollars   ($45.00)  per  month  for  a  teacher  who  holds  a  second  grade 
certificate. 

(c)  Fifty  dollars    ($50.00)   per  month  for  a  teacher  who  holds  a  first  grade  cer- 
tificate or  its  equivalent. 

A  district  that  receives  state  aid  can  not  pay  salaries  in  excess  of  those  pre- 
scribed above.  If  necessary,  the  board  of  directors  may  call  a  special  meeting  to  vote 
the  increase  of  levy  necessary  for  state  aid. 

No  school  district  organized  after  January  1,  1913,  and  having  an  area  of  less 
than  six  square  miles  can  receive  state  aid. 

Formal  application  must  be  made  to  the  county  clerk  on  or  before  June  30th  and 
by  him  to  the  state  superintendent  on  or  before  July  15th.  A  careful  reading  of 
section  10822.  especially  the  two  provisos,'  is  recommended  before  sending  in  estimates 
required  by  section  10791. 

The  year  here  spoken  of  is  the  school  year  beginning  July  1st  and  ending  June  30th. 

Sec.  10847.     Directors,  qualifications  of — how  and  by  whom 
elected.— The  government  and  control  of  the  district  shall  be  vested 


Revised  School  Laws.  65 

in  a  board  of  directors  composed  of  three  members,  who  shall  be 
citizens  of  the  United  States,  resident  taxpayers  and  qualified 
voters  of  the  district,  and  who  shall  have  paid  a  state  and  county 
tax  within  one  year  next  preceding  his  or  their  election.  Said 
directors  shall  be  chosen  by  the  qualified  voters  of  the  district  at 
the  time  and  in  the  manner  prescribed  in  section  10844,  and  shall 
hold  their  office  for  the  term  of  three  years,  and  until  their  suc- 
cessors are  elected  or  appointed  and  qualified,  except  those  elected 
at  the  first  annual  meeting  held  in  the  district  under  the  pro- 
visions of  this  chapter,  whose  term  of  office  shall  be  for  one,  two 
and  three  years,  respectively.  A  qualified  voter  within  the  mean- 
ing of  this  chapter  shall  be  any  person  who,  under  the  general  laws 
of  this  state,  would  be  allowed  a  vote  in  the  county  for  state  and 
county  officers,  and  who  shall  have  resided  in  the  district  thirty 
days  next  preceding  the  annual  or  special  meeting  at  which  he 
offers  to  vote.  (R.  S.  1899,  §  9759,  amended,  L.  1909,  p.  770.) 

Supreme  court  has  jurisdiction  of  appeal  in  suit  to  oust  a  school  director.  If  a 
party  has  paid  a  state  and  county  tax  in  another  county  within  one  year  and  has 
resided  in  school  district  long  enough  to  entitle  him  to  vote,  he  may  serve  as  school 
director  if  elected.  State  ex  inf.  v.  Fasse,  189  Mo.  532. 

A  director  must  be  a  citizen  of  the  United  States,  either  naturalized  or  native 
born,  a  resident  taxpayer  and  qualified  voter  of  the  distriot,  and  shall  have  paid  a 
state  and  county  tax  within  one  year  next  preceding  his  election. 

The  following  portion  of  the  definition  of  a  qualified  voter  may  not  be  plain : 
"A  qualified  voter  within  the  meaning  of  this  chapter  shall  be  any  person  who,  under 
the  general  laws  of  this  state,  would  be  allowed  to  vote,"  etc.  Who  are  "allowed  to 
vote  under  the  general  laws  of  this  state?"  Article  8,  section  2  of  the  Constitution 
settles  this :  "Every  male  citizen  of  the  United  States,  and  every  male  person  of 
foreign  birth  who  may  have  declared  his  intention  to  become  a  citizen  of  the  United 
States  according  to  law,  not  less  than  one  year  nor  more  than  five  years  before  he 
offers  to  vote,  who  is  over  the  age  of  twenty-one  years,  possessing  the  following 
qualifications,  shall  be  entitled  to  vote  at  all  elections  by  the  people:  (1)  He  shall 
have  resided  in  the  state  one  year  immediately  preceding  the  election  at  which  he 
offers  to  vote;  (2)  he  shall  have  resided  in  the  county,  city  or  town  where  he  shall 
offer  to  vote  at  least  sixty  days  immediately  preceding  the  election." 

Sec.  10848.  Oath  of  directors. — The  directors  shall,  within 
four  days  after  their  election  or  appointment,  take  and  subscribe 
an  oath  or  affirmation  to  faithfully  and  impartially  discharge  the 
duties  of  their  office,  which  oath  may  be  administered  by  each 
other;  and  the  district  clerk  shall  enter  the  same,  with  the  date 
thereof,  upon  the  records  of  the  district,  and  the  oath  administered 
shall  be  as  follows: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  the  state  of  Missouri,  and  that  I  will  faithfully  and 

impartially  discharge  the  duties  of  school  director  in  and  for  district  No.  ,   county 

of ,  state  of  Missouri,  to  the  best  of  my  ability,  according  to  law,  so  help  me  God. 


Sworn  to  and  subscribed  before  me  this  day  of  ,  191—. 


(R.  S.  1899,  §  9760,  re-enacted,  L.  1909,  p,  770.) 

S.  L,.— 5 


66  Revised  School  Laws. 

It  is  not  sufficient  in  administering  the  oath  of  office  to  a  newly  elected  director 
that  it  be  done  orally.  The  oath  should  be  written  or  printed  in  the  form  given  in 
this  section,  and  signed  by  the  person  or  persons  to  whom  the  same  is  being  admin- 
istered. It  should  also  bear  the  signature  of  the  person  administering  the  same,  under 
the  proper  date  thereof.  While  this  section  provides  -that  the  oath  may  be  admin- 
istered by  the  members  of  the  board,  this  does  not  preclude  the  idea  that  it  may  also 
be  taken  before  any  officer  authorized  to  administer  an  oath. 

Sec.  10849.  Organization  of  board. — The  directors  shall  meet 
within  four  days  after  the  annual  meeting,  at  some  place  within 
the  district,  and  organize  by  electing  one  of  their  number  presi- 
dent; and  the  board  shall,  on  or  before  the  fifteenth  day  of  July, 
select  a  clerk,  who  shall  enter  upon  his  duties  on  the  fifteenth  day 
of  July,  but  no  compensation  shall  be  allowed  such  clerk  until  all 
reports  required  by  law  and  by  the  board  have  been  duly  made  and 
filed.  A  majority  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  business:  Provided,  each  member  shall  have  due 
notice  of  the  time,  place  and  purpose  of  such  meeting ;  and  in  case 
of  the  absence  of  the  clerk,  one  of  the  directors  may  act  tempora- 
rily in  his  place.  The  clerk  shall  keep  a  correct  record  of  the  pro- 
ceedings of  all  the  meetings  of  the  board.  No  member  of  the 
board  shall  receive  any  compensation  for  performing  the  duties  of 
a  director.  (R.  S.  1899,  §  9761,  re-enacted,  L.  1909,  p.  770.) 

In  the  absence  of  evidence  to  the  contrary,  it  will  be  presumed  that  proper  notice 
was  given  of  a  special  meeting  of  directors.  Waters  v.  District,  59  A.  580.  If  two 
directors  meet  and  without  keeping  a  record  of  their  proceedings  and  without  notice 
to  the  third  member  issue  warrants,  such  warrants  will  be  illegal,  but  if  paid,  no 
action  can  be  maintained  against  the  directors  who  issued  same,  provided  they  were 
issued  for  a  valid  indebtedness  of  district.  School  District  v.  Smalley,  58  A.  658.  A 
meeting  of  directors  held  outside  of  district  is  void.  State  v.  Kessler,  136  A.  236. 

President  of  board  is  empowered  to  call  special  meetings,  and  the  only  requisite 
is  that  each  member  has  notice  of  time  and  place.  59  A.  580. 

By  organization  is  meant  election  of  officers.  The  directors  should  meet  within 
four -days  after  the  annual  meeting— that  is,  before  the  close  of  the  week  in  which 
the  election  is  held,  and  organize  by  the  election  of  a  president.  The  clerk  need  not  be 
elected  until  later,  as  he  does  not  enter  upon  the  duties  of  his  office  until  July  15th. 
The  president  must  be  a  member  of  the  board.  The  clerk  may  or  may  not  be  a  member 
of  the  board.  The  board  should,  after  organization,  fix  the  date  of  holding  regular 
meetings  of  the  board— that  is,  on  the  last  Saturday  of  each  month,  or  some  other 
date  that  may  seem  most  convenient.  After  the  date  of  holding  regular  meetings  has 
been  fixed,  it  is  the  duty  of  each  member  of  the  board  to  attend  such  meetings  without 
notice.  Special  meetings  of  the  board  may  be  called  as  provided  in  section  10787. 

I  desire  to  call  especial  attention  to  one  provision  of  this  section— the  one  pro- 
viding that  no  compensation  shall  be  allowed  the  district  clerk  until  all  reports  required 
by  law  and  by  the  board  have  been  duly  made  and  filed.  At  the  meeting  of  the  board 
at  which  the  clerk  is  elected  his  compensation  should  be  fixed  by  an  order  of  the 
board.  The  law  clearly  contemplates  that  the  compensation  should  not  be  paid  until 
the  end  of  the  school  year  and  until  the  board  is  satisfied  that  all  reports  have  been 
made  and  filed.  The  report  usually  neglected  is  that  to  the  county  superintendent, 
required  by  section  10853.  A  reasonable  compensation  should  be  paid  the  district  clerk, 
and  he  should  be  selected  solely  with  reference  to  his  qualifications  for  the  position. 
In  many  of  the  country  districts  the  board  of  directors  meet  for  organization  on  the 
same  day  and  immediately  after  adjournment  of  the  annual  meeting. 

"When  all  members  of  a  school  board  meet  at  some  place  in  the  district,  whether 
in  obedience  to  notice  or  by  accident,  they  may,  if  they  choose,  hold  a  board  meeting 


Revised  School  Laws.  67 

and  proceed  to  transact  any  ordinary  business  pertaining  to  the  district,  and  a  failure 
on  their  part  to  make  and  preserve  minutes  of  their  proceedings  will  not  affect  the 
rights  of  a  party  with  whom  they  have  made  a  valid  settlement  at  such  meeting." 
101  A.  115 ;  135  A.  721. 

"In  order  that  the  warrant  of  a  school  district  for  the  purchase  of  books  be  legal, 
the  directors  must  meet  as  a  board,  and  as  a  body  make  the  purchase,  and  order  the 
warrant  drawn  as  the  statute  requires,  and  all  transactions  must  be  evidenced  by  the 
record  of  the  board  kept  by  the  clerk."  178  Mo.  356;  48  A.  408. 

Sec.  10850.     Vacancy  in  board  of  directors,  how  filled. — If  a 

vacancy  occur  in  the  office  of  director,  by  death,  resignation,  re- 
fusal to  serve,  repeated  neglect  of  duty  or  removal  from  the  dis- 
trict, the  remaining  directors  shall,  before  transacting  any  official 
business,  appoint  some  suitable  person  to  fill  such  vacancy;  but 
should  they  be  unable  to  agree,  or  should  there  be  more  than  one 
vacancy  at  any  one  time,  the  county  superintendent  of  public 
schools  shall,  upon  notice  of  such  vacancy  or  vacancies  being  filed 
with  him  in  writing,  immediately  fill  the  same  by  appointment, 
and  notify  said  person  or  persons  in  writing  of  such  appointment ; 
and  the  person  or  persons  appointed  under  the  provisions  of  this 
section  shall  comply  with  the  requirements  of  section  10848,  and 
shall  serve  until  the  next  annual  school  meeting.  (R.  S.  1899,  § 
9762,  amended,  L.  1909,  p.  770.) 

Failure  of  board  to  fill  vacancy  as  required  by  this  section  does  not  invalidate  its 
acts  performed  while  such  vacancy  exists.  Bauer  v.  District,  78  A.  442. 

This  section  applies  to  districts  organized  under  the  provisions  of  the  city  and 
town  schools  act,  as  well  as  to  country  districts.  When  a  vacancy  occurs  from  any 
of  the  causes  prescribed  in  this  section,  it  must  be  filled  before  transacting  any 
official  business.  Any  member  may  be  cited  to  appear  -before  the  board  of  directors 
and  show  cause  why  his  office  should  not  "be  declared  vacant  on  account  of  repeated 
neglect  of  duty.  If  it  shall  be  held  by  a  majority  of  the  board  that  such  member  is 
guilty  of  repeated  neglect  of  duty,  or  if  such  member  fails  to  appear  in  obedience  to 
notice,  his  office  may  be  by  them  declared  vacant,  and  some  person  qualified  therefor 
may  then  be  appointed  by  them  to  fill  such  vacancy  until  the  next  annual  meeting. 

i 
FORM  FOR  APPOINTMENT  OF  DIRECTORS  BY  SCHOOL  DIRECTORS. 

We,   the  undersigned,   directors  of  district  No.  ,  of  county,  Missouri,   do 

hereby    appoint to    fill   the    vacancy   in    the   office   of   director   of   said    district,. 

caused  by  the  (death,  resignation,  removal  or  refusal  to  act,  naming  the  cause) 
of -. 


Directors. 


Sec.  10851.  Removal  of  district  clerk. — The  board  shall  have 
power  to  remove  the  district  clerk  from  his  office  for  dereliction  of 
duty  and  appoint  another  in  his  place,  to  whom  the  former  in- 
cumbent shall  immediately  deliver  his  books  and  papers  pertaining 
to  the  office.  (R.  S.  1899,  §  9769,  re-enacted,  L.  1909,  p.  770.) 

The  district  clerk  is  a  creature  of  the  board,  and  can  therefore  be  removed  "for 
dereliction  of  duty."  For  this  reason,  it  is  better  that  the  clerk  be  not  a  member  of 
the  board.  The  president  of  the  board  is  also  a  creature  of  the  board,  and  can  be 


68  Revised  School  Laws. 

removed  and  another  appointed.  Of  course,  he  will  still  hold  his  position  as  a  member 
of  the  board.  "It  is  essential,  in  every  case,  that  charges  be  made,  and  trial  had, 
and  that  the  accused  be  notified  and  have  a  full  opportunity  for  defense."  44  Mo.  570. 

Sec.  10852.  Joint  high  schools  may  be  established. — When- 
ever any  school  district  in  Missouri,  as  party  of  the  first  part, 
has  or  will  furnish  a  room  or  rooms,  suitable  for  the  purposes  of 
a  high  school,  and  will  agree  to  seat,  equip,  heat  and  keep  in  order 
said  room  or  rooms  for  high  school  purposes,  at  its  own  expense, 
said  district,  together  with  any  other  three  or  more  school  districts 
in  Missouri,  as  parties  of  the  second  part,  may  unite  as  a  public 
central  high  school  district,  for  the  purposes  of  organizing  and 
maintaining  a  high  school  for  the  better  instruction  of  the  children 
of  such  school  districts  in  high  school  studies;  and  the  question 
of  such  union  may  be  submitted  to  the  annual  meetings  of  such 
districts  severally,  by  legal  notice,  as  other  questions  are  sub- 
mitted to  such  meetings;  and  the  clerk  of  each'  district  voting 
upon  the  question  of  such  union  shall  record  the  result  of  the  vote 
in  the  records  of  the  meeting,  and,  on  the  reorganization  of  the 
board  of  directors  in  each  of  the  said  school  districts,  issue  to  the 
president  thereof  a  certificate  «f  the  vote  on  the  said  question  of 
union ;  and  at  2  p.  m.  on  the  Tuesday  following  the  annual  meeting 
the  directors  of  the  several  districts  which  have  voted  on  the  ques- 
tion of  said  union  shall  meet  at  the  schoolhouse  of  the  district 
herein  designated  as  party  of  the  first  part,  and  if  the  district  so 
designated  as  party  of  the  first  part,  and  any  three  or  more  of  the 
districts  herein  designated  as  parties  of  the  second  part,  shall 
have  decided  severally,  by  majority  vote,  to  form  such  central  high 
school  district,  then  the  same  shall  be  considered  formed;  and  the 
directors  of  the  several  school  districts  forming  such  central  high 
school  district  shall,  on  said  first  Tuesday  after  the  annual  election, 
organize  for  the  purposes  of  such  high  school  district  by  electing 
from  their  number  a  president  and  secretary,  and  agree,  by  a  ma- 
jority vote,  upon  the  part,  not  to  exceed  twenty  per  cent,  of  the 
teachers'  fund  of  the  several  districts,  to  be  set  apart  by  the 
directors  of  such  several  school  districts  for  the  salary  of  the 
teacher  or  teachers  of  said  central  high  school,  and  decide  upon  the 
time,  place  and  manner  of  electing  the  teacher  or  teachers  of  said 
central  high  school,  who  shall  hold  a  first-grade  county  certificate 
or  certificates,  or  a  state  certificate  or  certificates,  and  who  shall 
enter  into  a  contract  with  said  central  high  school  directors  in  the 
manner  in  which  teachers  contract  with  other  school  districts ;  and 
said  directors  of  said  school  district  shall  annually  thereafter,  on 
the  first  Tuesday  after  the  annual  meeting,  meet  as  hereinbefore 
provided  for  their  first  organization,  and  reorganize  by  the  election 
of  a  president  and  secretary,  and  transact  such  further  business 
as  may  be  necessary  to  continue  said  central  high  school  from  year 
to  year:  Provided,  the  sum  set  aside  by  the  several  boards  of 
directors!  of  the  several  school  districts  of  said  central  high  school 


Revised  School  Laws.  69 

district  for  the  salary  of  said  high  school  teacher  or  teachers  shall 
not,  in  any  one  of  said  school  districts,  exceed  twenty  per  cent,  of 
the  teachers'  fund  in  said  school  district ;  and  the  county  treasurer, 
or  the  township  trustees  handling  the  funds  of  said  school  district 
forming  said  central  high  school  district,  shall,  upon  notice  from 
the  secretary  of  said  central  high  school  district,  set  aside  for  the 
salary  of  said  central  high  school  teacher  or  teachers  the  part  of 
teachers'  fund  of  the  said  several  school  districts  agreed  upon  and 
set  apart  by  the  directors  of  the  said  several  school  districts,  as 
herein  provided  for;  and  said  county  treasurer  or  township  trus- 
tees shall  pay  said  high  school  teacher  or  teachers  from  said  fund 
set  aside,  upon  the  warrant  of  the  president  and  secretary  of  said 
central  high  school  district ;  and  the  authority  of  the  central  high 
school  board  of  directors  herein  created  over  the  central  high 
school,  as  to  rules  and  regulations,  shall  be  the  same  as  that  of  the 
board  of  directors  of  other  school  districts  over  the  schools  of  their 
school  districts :  Provided,  that  the  length  of  term  of  said  central 
high  school  shall  not  exceed  the  average  length  of  term  in  the 
school  districts  of  which  said  central  high  school  district  is  com- 
posed: Provided,  that  no  pupil  shall  be  permitted  to  enter  the 
classes  of  said  central  high  school  who  has  not  completed  the  study 
of  descriptive  geography,  practical  arithmetic,  mental  arithmetic, 
language  lessons  and  elementary  grammar,  United  States  history 
and  elementary  physiology;  and  the  teacher  or  teachers  of  said 
central  high  school  may  examine  all  pupils  desiring  to  enter  said 
central  high  school,  to  test  their  knowledge  of  the  aforesaid  sub- 
jects. (R.  S.  1899,  §  9773,  re-enacted,  L.  1909,  p.  770.) 

This  has  been  in  the  statutes  for  more  than  twenty  years,  and  but  two  high 
schools  have  been  organized  under  its  provisions,  and  one  of  these  was  disorganized  in 
April,  1913,  because  the  plan  was  not  successful.  So  only  one  such  school  remains  in 
the  state.  It  would  be  a  much  better  plan  to  consolidate  four  or  more  school  districts 
into  one  district  for  all  school  purposes.  This  can  be  done  in  accordance  with  the 
Buford  consolidation  law.  Four  or  more  districts  with  a  village  near  the  center  may 
bo  consolidated  into  one  new  district,  or  four  or  more  country  districts  containing  no 
village.  This  will  provide  definitely  for  a  school  of  higher  grade  and  such  primary 
schools  as  the  board  may  deem  necessary.  Such  an  organization  will  enable  the  board 
to  maintain  a  school  in  each  of  the  several  original  districts  and  to  establish  a  central 
high  school  within  reach  of  all  the  children  prepared  therefor,  and  none  of  them  need 
to  have  farther  than  six  miles  to  go 'to  such  high  school.  The  elementary  schools  in 
the  subdistricts  may  be  properly  graded  and  have  some  supervision  by  the  principal 
of  the  high  school.  The  board  could  employ  him  with  this  in  view.  All  the  schools 
would  be  maintained  for  the  same  length  of  term  out  of  a  common  fund  derived  from 
the  same  rate  of  taxes  levied  on  the  property  of  the  entire  consolidated  district.  In 
the  event  that  the  attendance  in  any  one  of  the  subdistricts  should  fall  below  a 
certain  number,  the  board  could  discontinue  that  school  and  arrange  to  have  such 
pupils  transferred  and,  if  need  be,  carried  by  conveyances  to  other  school  or  schools 
in  the  district.  It  has  been  tried  in  other  states.  It  is  practical,  especially  in  populous 
sections  of  our  state,  and  more  especially  where  good  roads  are  provided  or  shall  be 
provided.  The  advantages  summed  up  in  a  few  words  are :  equal  taxation ;  equal 
privileges  for  the  children  in  length  of  term,  efficiency  of  teachers,  and  proper  grading ; 
all  children  having  opportunity  of  a  good  high  school  with  free  tuition  ;  economy  of 
teaching  force  by  collecting  together  a  sufficient  number  of  advanced  pupils  to  justify 


70  Revised  School  Laws. 

the  employment  of  a  good  teacher  and  in  closing  out  the  elementary  schools  witn  small 
attendance.  More  than  twenty  districts  have  already  been  organized  under  the  Buford 
consolidation  law. 

Sec.  10853.  Duties  of  district  clerk. — The  district  clerk  shall 
keep  a  record  of  the  proceedings  of  all  annual  and  special  meetings 
of  the  qualified  voters  of  the  district;  also,  the  proceedings  of  the 
board  of  directors.  He  shall  make  copies  of  the  election  notices, 
contracts  with  teachers,  certificates  and  all  other  papers  relating 
to  the  business  of  the  district,  and  securely  keep  the  same.  He 
shall  transmit  to  the  county  superintendent,  on  or  before  the  fif- 
teenth day  of  July  in  each  year,  a  report  embracing  the  following 
items :  First,  the  number  of  children,  male  and  female,  white  and 
colored,  attending  the  public  schools  during  the  year ;  second,  total 
number  of  days  attendance  by  all  such  children ;  third,  the  number 
of  days  the  public  schools  of  the  district  have  been  maintained 
during  the  school  year;  fourth,  the  number  of  teachers  employed, 
male  and  female,  and  the  wages  per  month  of  each ;  fifth,  the  num- 
ber of  schoolrooms  occupied  in  the  district,  and  the  number  of 
children  that  may  be  seated  in  the  same;  sixth,  estimated  value  of 
school  property  owned  and  managed  by  the  district;  seventh,  as- 
sessed valuation  of  the  district ;  eighth,  rate  of  school  tax.  on  the 
assessed  valuation  of  the  district;  ninth,  cash  on  hand  at  the  be- 
ginning of  the  year;  tenth,  tuition  fees  received  and  credited  to 
the  teachers*  fund  of  the  district;  eleventh,  public  funds  received 
by  county  treasurer;  twelfth,  district  tax  received  by  county  (or 
township)  treasurer;  thirteenth,  amount  paid  on  teachers'  wages; 
fourteenth,  amount  paid  for  incidental  expenses ;  fifteenth,  amount 
expended  for  purchasing  site,  erecting  schoolhouses,  rent  and  re- 
pairs; sixteenth,  amount  expended  in  cancelling  bonded  indebted- 
ness and  paying  interest  on  same;  seventeenth,  amount  expended 
for  library;  eighteenth,  cash  on  hand  at  the  end  of  the  year.  (R.  S. 
1899,  §  9784,  amended,  L.  1909,  p.  770.) 

Notice  of  election,  when  signed  by  clerk,  is  sufficiently  authenticated.  Mason  v. 
Kennedy,  89  Mo.  23. 

30  A.  641 ;  48  A.  408 ;  58  A.  658.  District  clerk  should  enter  upon  records  of  district 
nn  exact  copy  of  record  of  annual  meeting  as  kept  by  secretary;  but,  should  he  fail 
to  do  so,  his  record  is  admissible  in  evidence.  54  A.  31. 

This  section  makes  it  the  duty  of  the  district  clerk  (1)  "to  keep  a  record  of  the 
proceedings  of  all  annual  and  special  meetings;"  (2)  "of  the  proceedings  of  the  board 
of  directors  ;"  (3)  he  shall  make  copies  of  the  election  notices,  contracts  with  teachers, 
certificates  and  all  other  papers  relating  to  the  business  of  the  district,  and  securely 
keep  the  same ;  (4)  to  "transmit  to  the  county  superintendent  on  or  before  the  fifteenth 
day  of  July  in  each  year  a  report."  The  record  of  the  annual  and  special  school 
meetings  is  of  special  importance.  It  is  the  only  official  evidence  of  these  proceedings. 
Grave  questions  are  settled  at  these  school  meetings— directors  elected,  levies  made 
for  school  purposes  and  for  building  purposes,  and  school  bonds  voted.  Remember  that 
the  record  of  the  district  clerk  obtained  from  the  secretary  of  the  meeting  is  the  only 
official  and  legal  evidence  of  these  transactions.  The  financial  statement  to  the  annual 
meeting  should  be  carefully  recorded. 

Again,  how  important  it  is  that  the  proceedings  of  the  board  of  directors  be 
carefully  recorded,  This  record  is  the  only  legal  evidence  as  to  whether  a  teacher  was 


Revised  School  Laws.  71 

elected  or  a  contract  let.  But  no  duty  of  the  district  clerk  is  more  important  than  that 
of  transmitting  a  correct  report  to  the  county  superintendent,  embracing  every  item  in 
the  blank  report  prepared  by  the  state  superintendent.  This  report  is  due  from  the 
district  clerk  "on  or  before  the  fifteenth  day  of  July  in  each  year."  The  law  specifies 
that  it  must  be  made  on  or  before  July  15th.  This  does  not  mean  the  last  of  July  or 
any  time  during  August  or  September,  as  many  district  clerks  seem  to  think.  If  the 
district  clerks  do  not  make  their  reports  promptly,  how  can  the  county  superintendent 
make  his  report  promptly  to  the  state  superintendent?  As  late  as  November,  we  urge 
a  county  superintendent  to  send  in  his  report.  He  replies  that  some  district  clerks 
have  so  far  failed  to  make  their  reports  to  him.  Boards  of  directors  should  dismiss 
such  inefficient  clerks.  Note,  also,  from  section  10849  that  no  clerk  shall  receive  his 
compensation  until  his  report  is  made.  Board  should  not  allow  the  clerk  any  pay 
until  he  shows  receipt  from  the  county  superintendent  that  his  report  is  accepted. 
This  should  be  enforced  strictly.  This  report  cannot  be  made  before  the  first  day  of 
July,  because  the  school  year  does  not  end  till  the  30th  day  of  June.  You  will  notice 
(section  10831)  that  it  is  between  July  1st  and  July  15th  that  the  county  treasurer 
settles  with  the  county  clerk,  thus  arriving  at  the  data  for  the  financial  statement  of 
each  district  of  the  county,  showing  the  receipts  and  disbursements.  Duties  of  district 
clerks  discussed.  89  Mo.  23.  In  addition  to  the  duties  of  the  district  clerk  prescribed 
under  section  10853,  section  10822  requires  the  district  clerk  to  make  a  report  on  school 
attendance  and  the  number  of  teachers  employed.  The  state  school  fund  apportion- 
ment is  based  on  this  report,  The  district  clerk  of  any  school  district  desiring  state 
aid  for  its  elementary  or  high  school  must  file  an  application  for  this  aid  on  or  before 
June  30th.  See  section  10846  and  the  Wilson  high  school  aid  law  and  the  Buford 
consolidation  law.  It  is  also  made  the  duty  of  the  district  clerk  to  attend  the  annual 
school  board  convention  now  provided  for  by  law. 

Sec.  10854.  District  clerk  to  procure  record  books. — It  shall 
be  his  duty  to  procure  the  necessary  record  books  for  the  proper 
transaction  of  the  duties  of  his  office;  also,  to  procure  and  furnish 
to  each  teacher  a  school  register,  properly  ruled,  headed  and  classi- 
fied, to  exhibit  the  following:  The  names,  ages  and  studies  pur- 
sued by  all  pupils  attending  the  school,  the  date  of  their  entrance, 
daily  attendance  and  absence,  and  the  date  of  the  visitation  of  the 
school  by  the  directors  or  patrons,  and  such  other  facts  as  the  state 
superintendent  may  require — the  above  to  be  paid  for  out  of  the 
moneys  used  to  defray  the  incidental  expenses  of  the  district.  (R. 
S.  1899,  §  9786,  re-enacted,  L.  1909,  p.  770.) 

In  the  district  clerk's  record  book  are  recorded  the  proceedings  of  annual  and 
special  meetings  of  the  board  of  directors,  copies  of  election  notices,  contracts  with 
teachers,  etc.,  in  accordance  with  section  10853.  District  clerk  must  procure  a  register 
for  the  teacher.  This  is  not  optional,  and  the  teacher  should  take  special  pains  to  use 
this  register  to  the  best  advantage.  Section  10807. 

Section  10822  (Laws  of  1911)  makes  it  the  duty  of  the  district  clerk  to  report  to 
the  county  clerk  between  June  15th  and  June  30th  of  each  year  several  items  which  will 
render  it  necessary  for  the  clerk  to  be  thoroughly  familiar  with  the  records  of  the 
school.  The  clerk  should  read  section  10822  very  carefully,  as  the  public  funds  will,  in 
the  future,  be  apportioned  in  accordance  with  these  reports  to  the  county  clerks. 

Sec.  10855.  District  clerk  to  post  notices. — It  shall  be  the 
duty  of  the  district  clerk  to  post  all  notices  required  by  law,  when 
duly  ordered  by  the  board,  for  any  annual  or  special  school  meet- 
ing; also,  those  required  by  law  to  be  posted  by  the  district  clerk 
without  such  order  of  the  board ;  and  all  such  notices  shall  be  given 


72  Revised  School  Laws. 

as  provided  in  section  10844.     (R.  S.  1899,  §  9787,  amended,  L. 
1909,  p.  770.) 

A  notice,  issued,  signed  and  posted  by  clerk  is  sufficient.  Mason  v.  Kennedy,  89 
Mo.  23. 

Change  of  boundary  of  district ;  duty  of  clerk  as  to  notices.  89  Mo.  23.  Sufficiency 
of  notice.  54  A.  31. 

Special  meetings  are  those  provided  for  by  sections  10777,  10796,  10797  and  10799. 
It  is  supposed  that  all  qualified  voters  should  take  notice  of  the  annual  meeting  with- 
out notices  being  posted,  but  it  has  become  customary  to  post  notices  for  annual  meet- 
ings as  well  as  for  special  meetings,  as  it  often  happens  that  special  propositions 
requiring  notice  are  voted  on  at  the  annual  meeting.  Propositions  requiring  notices 
for  the  annual  meeting  should  be  considered  as  if  submitted  at  a  special  meeting. 
In  other  words,  the  annual  meeting  becomes  a  special  meeting  when  it  considers 
anything  not  specifically  designated  as  belonging  thereto.  The  district  clerk  may  be 
proceeded  against  under  section  10802  for  failure  to  perform  his  duty. 

Sec.  10856.  Payment  of  district  indebtedness. — Upon  the 
order  of  the  board  of  directors,  it  shall  be  the  duty  of  the  district 
clerk  to  draw  warrants  on  the  county  treasurer  in  favor  of  any 
party  to  whom  the  district  has  become  legally  indebted,  either  for 
services  as  teacher,  for  material  purchased  for  the  use  of  the 
school,  or  material  or  labor  in  the  erection  of  a  schoolhouse  for 
said  district — the  said  warrant  to  be  paid  out  of  any  moneys  in 
the  appropriate  funds  in  the  hands  of  the  said  treasurer  and  be- 
longing to  the  district.  The  species  of  indebtedness  must  be  clearly 
stated  and  should  be  drawn  on  its  appropriate  fund;  all  moneys 
for  teachers'  wages  on  the  teachers'  fund;  all  moneys  used  in  the 
purchase  of  a  site,  erection  of  building  thereon,  and  furnishing 
the  same,  on  building  fund;  and  all  other  expenses  to  be  paid  out 
of  the  incidental  fund :  Provided,  however,  that  no  order  for  the 
payment  of  teachers'  wages  shall  be  drawn  in  favor  of  any  person 
not  holding  a  certificate  of  qualification,  signed  by  the  county  su- 
perintendent, state  superintendent  or  a  certificate  or  diploma  con- 
ferred by  a  normal  school  of  this  state,  or  in  favor  of  any  teacher 
delinquent  in  his  monthly  or  term  reports;  and  further  provided, 
that  before  drawing  any  such  warrant,  the  president  of  the  board 
shall  first  visit  the  office  of  the  county  or  township  treasurer,  and 
record  his  signature  in  a  book  to  be  kept  in  the  office  of  said  treas- 
urer for  that  purpose,  and  for  making  such  trip  such  president  of 
the  board  shall  be  allowed  one  dollar  per  day  and  his  necessary 
traveling  expenses,  payable  out  of  the  incidental  funds  of  his  dis- 
trict. (R.  S.  1899,  §  9788,  amended,  L.  1909,  p,  770.) 

Directors  are  not  personally  liable  for  a  school  warrant  drawn  when  there  is  no 
money  in  the  treasury  to  pay  same,  provided  they  ha\e  not  issued  warrants  in  excess 
of  the  taxes  levied  and  other  income  of  district  for  the  year.  Jacquemin  v.  Andrews, 
40  A.  507.  Mandamus  will  not  lie  to  compel  board  of  directors  to  issue  warrants  to 
pay  a  judgment  if  such  judgment  fails  to  recite  the  nature  of  the  contract  or  indebted^ 
ness  upon  which  it  is  based.  State  ex  rel.  v.  Board,  97  A.  613.  Teacher  may  recover 
wages  if  school  be  closed  without  his  consent  because  not  enough  of  outstanding  taxes 
have  been  collected  to  pay  his  wages.  Rudy  v.  District,  30  A.  113.  Changing  a  school 
warrant  constitutes  forgery.  State  ex  rel.  v.  Tyree,  2Q1  Mo.  574. 


Revised  School  Laws.  73 

The  words  "contingent"  and  "incidental"  are  used  interchangeably  to  denote  the 
same  fund. 

Where  an  average  rate  for  school  building  tax  is  computed  upon  a  basis  which 
blends  rate  of  taxes  for  school  buildings,  sinking  and  interest  fund,  the  irregularity 
is  no  ground  to  enjoin  collection  of  tax.  126  Mo.  472.  Those  funds  are  all  part  of 
building  fund.  Id.  Until  teacher  flies  his  report,  directors  have  no  right  to  order  pay- 
ment of  his  wages.  24  A.  213.  But  teacher  does  not  forfeit  any  rights  under  his  con- 
tract by  failure  to  make  such  reports,  if  prevented  from  so  doing  by  action  of  directors. 
SO  A.  113  ;  31  Mo.  319. 

This  section  provides  for  the  drawing  of  warrants  upon  the  "order  of  the  board 
of  directors,"  by  the  district  clerk,  "on  the  county  treasurer,  in  favor  of  any  party  to 
whom  the  district  has  become  legally  indebted."  These,  warrants  must  be  upon  the 
proper  fund.  Three  funds  are  specified— teachers'  fund,  building  fund  and  contingent, 
or  incidental,  fund.  The  species  of  indebtedness  must  be  clearly  stated.  No  teacher 
delinquent  in  his  monthly  or  term  reports,  or  not  holding  a  legal  certificate,  can 
receive  a  warrant.  The  president  of  the  board  is  required  to  record  his  signature  with 
the  county  or  township  treasurer.  The  object  of  this  is  to  prevent  fraud.  By  section 
10868  in  express  terms,  and  by  section  10849  by  inference,  no  warrant  can  be  ordered 
except  by  a  majority  of  the  board ;  that  is,  unless  a  majority  of  the  whole  board  vote 
therefor.  By  section  10849  a  majority  of  the  board  is  necessary  to  constitute  a  quorum. 
A  majority  of  a  board  of  three  is  two.  If  two  members  are  present,  both  must  vote 
for  issuing  the  warrant  before  it  can  be  ordered  issued.  This  is  a  majority  of  the  entire 
board.  In  signing  warrants,  the  president  and  clerk  of  the  board  act  ministerially. 
It  is  their  duty  to  sign  warrants  when  ordered  by  the  board,  regardless  of  their 
preferences  in  the  matter.  Boards  of  directors,  in  purchasing  furniture  or  apparatus 
from  agents,  should  be  very  careful  not  to  be  induced  to  sign  any  contracts  or  warrants 
presented  by  these  agents.  If  a  purchase  is  made  from  agents,  the  warrant  should  be 
drawn  upon  the  legal  blanks  belonging  to  the  board  and  upon  the  incidental  fund. 

Boards  of  directors  have  no  authority  to  order  a  warrant  or  enter  into  a  contract 
exceeding  the  revenue  provided  for  the  current  school  year.  Such  warrant  or  contract 
does  not  constitute  a  legal  claim  against  the  district. 

Sec.  10857.     Form  of  warrant — to  be  paid  from  proper  fund. 

The  warrants  thus  drawn  shall  be  in  the  following  form,  and  shall 
be  signed  by  the  president  of  the  board  and  countersigned  by  the 
district  clerk: 

TEACHERS'  FUND. 

$ No.  

Treasurer  of  —     —  county,   Missouri : 

Pay  to ,   or  order,   for  services  as  teacher  in  district  No. ,  dollars, 

out  of  any  funds  in  your  hands  for  the  payment  of  teachers'  wages  belonging  to  said 
district. 

Done  by  order  of  the  board,   this day  of  ,  191—. 

— ,  President.  ,  Clerk. 

INCIDENTAL  FUND. 

g L  No.  

Treasurer  of  county,   Missouri : 

Pay   to   ,    or   order,    the   sum   of  dollars,    for  — furnished   district 

No.   ,    out   of  any   funds   in   your  hands  for  the   payment   of   incidental   expenses 

belonging  to  said  district. 

Done  by  order  of  the  board,   this  -— •*-  day  of  ,  191—. 

President,  *- — < ,  Clerk, 


74  Revised  School  Laws. 

BUILDING  FUND. 


No. 


Treasurer  of  county,   Missouri : 

Pay  to  ,  or  order,  the  sum  of dollars,  for furnished  in  the  erection 

of  a  schoolhouse  in  district  No.  ,    out  of  any  money  in  your  hands  belonging  to 

the  building  fund  of  said  district,   and  not  otherwise  appropriated. 

Done  by  order  of  the  board,   this day  of  ,  191—. 

,  President.  ,  Clerk. 

The  treasurer  shall  open  an  account  for  each  fund  specified  in 
this  section,  and  all  moneys  received  from  the  state,  county  and 
township  funds,  and  all  moneys  derived  from  the  taxation  for 
teachers'  wages,  and  all  tuition  fees,  shall  be  placed  to  the  credit 
of  the  "teachers'  fund;"  the  money  derived  from  taxation  for  in- 
cidental expenses  shall  be  credited  to  the  "incidental  fund;"  all 
moneys  derived  from  taxation  for  building  purposes,  from  the 
sale  of  school  site,  schoolhouse  or  school  furniture,  from  insurance, 
from  sale  of  -bonds,  from  sinking  fund  and  interest,  shall  be  placed 
to  the  credit  of  the  "building  fund;"  and  all  moneys  not  herein 
specified  that  now  belong  to  any  school  district,  or  that  may  here- 
after be  received  by  such  school  district,  shall  be  placed  to  the 
credit  of  the  "teachers'  fund"  of  such  school  district.  No  treas- 
urer shall  honor  any  warrant  unless  it  be  in  the  proper  form  and 
upon  the  appropriate  fund ;  and  each  and  every  warrant  shall  be 
paid  from  its  appropriate  fund,  and  no  partial  payment  shall  be 
made  upon  any  school  warrant,  nor  shall  any  interest  be  paid  upon 
any  such  warrant:  Provided,  that  the  board  of  directors  shall 
have  the  power  to  transfer  from  the  incidental  to  the  building 
fund  such  sum  as  may  be  necessary  for  the  ordinary  repairs  of 
school  property :  Provided  further,  that  in  the  event  of  a  balance 
remaining  in  the  building  fund  after  the  purpose  for  which  said 
fund  was  levied  is  accomplished,  the  said  board  shall  have  the 
power  to  transfer  such  unexpended  balance  to  the  incidental  fund. 
(R.  S.  1899,  §  9789,  amended,  L.  1909,  p.  770.) 

When  the  law  requires  an  officer  to  perform  a  ministerial  duty  he  is  liable  for 
damages  if  he  refuses  to  perform  such  duty.  When  holder  of  school  warrant  demanded 
damages  from  treasurer  for  failure  to  pay  his  warrant,  but  accepted  the  face  value 
of  the  warrant,  he  waived  his  claim  to  such  damages.  St.  Joseph,  etc.,  v.  Hull,  72  A.  403. 

School  warrant  will  not  draw  interest,  but  treasurer  refusing  to  pay  warrant, 
when  legally  drawn  and  payment  of  same,  demanded,  will  be  liable  on  his  official 
bond  for  damages  sustained,  which  would  be  interest  on  amount  detained.  72  A.  403. 

This  section  defines  the  three  funds  and  gives  the  source  from  which  each  is 
derived.  No  provision  is  made  in  the  law  for  any  transfer  of  money  into  the  teachers' 
fund  or  out  of  the  teachers'  fund.  The  two  provisos  of  above  section  make  clear  the 
circumstances  under  which  sums  may  be  transferred  from  the  incidental  to  the  building 
fund  and  vice  versa. 

Sec.  10858.  County  court  may  invest  sinking  fund,  when  and 
how. — Whenever  there  are  outstanding  any  legal  county  revenue 
warrants  of  any  county  bearing  six  per  cent,  interest,  which  will 
be  redeemed  by  the  taxes  of  the  current  year,  and  there  are  school 
moneys  in  the  hands  of  the  county  treasurer  belonging  to  the  vari- 


Revised  School  Laws.  75 

ous  districts,  which  will  not  be  required  for  the  support  of  the 
public  schools  before  the  date  when  such  revenue  warrants  will  be 
paid,  the  county  courts  are  authorized  to  direct  the  county  treas- 
urer to  invest  such  surplus  school  moneys  in  the  revenue  warrants, 
and  hold  them  for  the  use  and  benefit  of  the  school  districts  until 
the  money  for  the  redemption  of  such  warrants  is  received  into 
the  county  revenue  fund,  when  such  money  shall  be  applied  to  their 
payment.  (R.  S.  1899,  §  9792,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10859.  County  treasurer  to  report. — The  county  treas- 
urer shall,  at  the  first  term  of  county  court  after  the  redemption 
of  the  warrants  by  the  county  revenue  fund,  submit  to  the  court 
a  detailed  statement  showing  the  amount  and  time  the  school  mon- 
eys were  invested,  the  amount  belonging  to  each  district  so  used, 
and  the  amount  of  interest  realized  for .  each  district ;  and  the 
court  shall  direct  such  interest  to  be  placed  to  the  credit  of  the  re- 
spective districts  and  the  treasurer  be  charged  therewith.  (R.  S. 
1899,  §  9793,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10860.  Records  of  district  clerk. — The  district  clerk 
shall  record  a  copy  of  all  reports  made  by  him  to  the  county  super- 
intendent. He  shall  also  record  in  the  record  book  of  the  district  a 
correct  plat  of  the  district,  changing  the  same  as  often  as  altera- 
tion is  made  in  the  boundary  lines  by  the  proper  authority,  and 
shall  furnish  the  county  clerk  and  county  superintendent  with 
copies  of  the  same,  and  shall  officially1  notify  them  of  any  change 
whenever  made.  (R.  S.  1899,  §  9794,  amended,  L.  1909,  p.  770.) 

A  change  of  boundaries  takes  effect  from  the  date  when  made,  regardless  of 
whether  a  copy  of  plat  showing  such  change  is  furnished  to  county  clerk  as  required 
by  this  section.  Henry  v.  Dulle,  74  Mo.  443. 

Sec.  10861.  Teachers'  monthly  and  term  reports. — It  shall 
be  the  duty  of  every  teacher  to  make  out  and  file  with  the  district 
clerk,  at  the  expiration  of  each  month,  a  report  of  the  number  of 
pupils  in  attendance  during  the  month,  distinguishing  between 
male  and  female,  the  average  attendance,  and  such  other  statistics 
as  the  board  of  directors,  by  order,  may  require,  and  no  warrants 
shall  be  ordered  by  the  board  or  drawn  by  the  clerk  for  such 
month's  salary  until  such  monthly  report  has  been  made  and  filed 
with  the  district  clerk ;  and  at  the  close  of  the  term,  a  report,  em- 
bracing a  summary  of  the  above,  together  with  the  length  of  term 
taught,  wages  paid,  teachers  employed,  and  such  other  information 
as  the  board,  by  its  official  acts,  may  require ;  a  duplicate  of  same 
shall  be  filed  with  the  county  superintendent,  and  no  warrant  shall 
be  issued  by  said  clerk  in  favor  of  such  teacher  for  the  last  month's 
salary  of  such  term  until  he  shall  have  filed  with  said  clerk  and 
county  superintendent  such  term  report.  (R.  S.  1899,  §  9801,  re- 
enacted,  L.  1909,  p.  770.) 

A  teacher  cannot  recover  his  wages  by  suit  if  he  has  failed  to  furnish  the  reports 
required  by  this  section-  Hall  v.  pistrict,  24  A-  213.  Teacher  cannot  be  deprived  of 


76  Revised  School  Laws. 

his  salary  for  failure  to  enforce  a  rule  prescribed  by  directors  unless  he  be  notified 
of  such  rule.  Perkins  v.  District,  61  A.  512. 

Teacher  must  make  out  and  file  with  clerk  of  district  monthly  report  to  entitle 
him  to  wages.  24  A.  213. 

Many  teachers  are  careless  in  making  their  monthly  and  term  reports,  often 
using  lead  pencil  instead  of  pen  and  ink,  and  sometimes  using  any  kind  of  paper 
instead  of  the  proper  blanks  sent  out  from  this  department.  In  a  graded  school  com- 
posed of  a  number  of  teachers,  the  assistant  teachers  should  make  their  reports  to 
the  principal  or  superintendent,  and  he  should  condense  these  reports  and  make  one 
report  to  the  board.  "No  warrant  shall  be  issued  by  said  clerk  in  favor  of  such 
teacher  for  the  last  month's  salary  of  such  term  unless  he  shall  have  filed  with  said 
clerk  such  term  report."  This  should  be  strictly  adhered  to.  See,  also,  section  10859. 
"Where  a  teacher  in  a  schbol  district  failed  to  make  out  and  file  with  the  clerk  of  the 
school  district  the  monthly  report  required  by  the  statute,  the  board  of  directors  of 
the  school  district  had  no  power  to  order  the  payment  of  such  teacher's  wages  under 
the  statute,  and  he  could  not  lawfully  recover  judgment  against  the  school  district  on 
account  of  a  claim  which  the  statute  prohibited  it  from  paying."  24  A.  214.  Notice, 
also,  the  following  from  30  A.  113 :  "A  teacher  does  not  forfeit  any  right  under  his 
contract,  or  under  the  law,  by  failing  to  make  monthly  reports  when,  by  action  of  the 
directors,  the  school  has  been  closed  and  there  is,  therefore,  nothing  to  report."  The 
term  report  blank  calls  for  individual  pupils'  reports.  A  school  board  lays  its  members 
personally  responsible  if  it  pays  the  teacher  the  last  month's  salary  before  this  term 
report  is  made  according  to  the  prescribed  blank. 

Sec.  10862.  Loan  of  surplus  district  school  money. — When- 
ever it  shall  be  found  that  any  school  district  has  any  surplus  funds 
in  the  county  treasury,  the  directors  of  such  school  district  may 
make  application,  in  writing,  to  the  county  court,  setting  forth 
that  school  funds  are  accumulating  beyond  the  wants  or  necessi- 
ties of  such  district.  Upon  such  application,  it  shall  be  the  duty  of 
the  county  court  to  cause  such  funds  to  be  loaned  for  the  use  and 
benefit  of  such  school  district.  (R.  S.  1899,  §  9838,  re-enacted,  L. 
1909,  p.  770.) 

Sec.  10863.  How  loaned. — Such  school  funds  shall  be  loaned 
at  the  same  rate  of  interest  and  in  the  same  manner  as  township 
school  funds  are  loaned:  Provided,  that  no  school  tax  shall  be 
levied  in  such  district  other  than  for  incidental  expenses  during 
the  time  for  which  such  surplus  fund  is  sought  to  be  loaned;  and 
provided  further,  that  a  free  public  school  shall  be  maintained  in 
such  school  district  for  at  least  eight  months  in  each  year.  (R.  S. 
1899,  §  9839,  amended,  L.  1909,  p.  770.) 

The  sureties  on  the  general  bond  of  a  county  treasurer  are  not  liable  for  his 
failure  to  account  for,  and  pay  over  to  his  successor  in  office,  county  and  township 
school  funds.  For  the  special  duties  imposed  upon  him  by  the  school  law  he  is 
answerable  on  a  separate  bond.  55  Mo.  80.  A  treasurer  of  a  school  township  is  liable 
on  his  official  bond  for  school  funds  deposited  in  bank,  and  lost  through  the  failure 
and  insolvency  of  the  bank,  although  he  was  not  guilty  of  any  want  of  care  or  prudence 
in  failing  to  ascertain  its  financial  condition.  67  Mo.  395.  Where  the  county  treasurer 
receives  a  check  from  the  state  treasurer  in  payment  of  the  apportionment  of  the 
amount  due  the  county  from  the  public  school  moneys,  and  fails  to  use  diligence  in 
collecting  the  check,  the  loss,  if  any  occur  thereby,  falls  on  the  county  treasurer. 
67  Mo.  139 ;  56  Mo.  65.  An  action  on  the  bond  of  a  defaulting  county  treasurer  to  recover 
school  moneys  is  properly  brought  by  the  county  in  the  name  of  the  state  to  the  use 
of  the  county.  The  statute  does  not  require  it  to  be  brought  to  the  use  of  the  county 
clerk.  68  Mo.  454r 


Revised  School  Laws. 


ARTICLE  IV. 


LAWS  APPLICABLE  TO  CITY,   TOWN  AND  CONSOLIDATED  SCHOOLS. 


77 


SECTION 
10864.    Organization  of  town  or  city  school 

districts— corporate  powers. 
Town  or  city  school  districts,   how 

organized. 

Board  of  education,  tenure  of  mem- 
bers of — vacancies   in,    how   filled. 

10867.  Election   of  directors. 

10868.  Organization    of    board— duties    of 

officers. 

10869.  Primary    and    high    schools    to    be 

established  and  sites  located. 

10870.  Town,    city   or   consolidated   school 

districts — how  disorganized. 

10871.  Duties,    restrictions    and    liabilities 

of  boards. 

10872.  Corporate  seal— school  term. 

10873.  Bond  of  treasurer. 

10874.  Liability   of   treasurer   for    sinking 

fund  and  interest— compensation. 

10875.  District  moneys  to  be  paid  to  treas- 

urer. 


SECTION 

10876.  Settlement  of  treasurer. 

10877.  Duties  of  county  clerk— how  paid. 
10S78.    Duties  of  collectors. 

10879.  Regulations  governing  elections  at 

annual  meetings. 

10880.  Annexation   to   town   and   city   dis- 

tricts. 

1C881.  Change  of  boundary  lines  and  di- 
vision' of  property. 

10882.  Annexation  to  school  district  when 
corporate  limits  are  extended. 

10S83.  Consolidated  districts— how  formed. 
New  consolidation.  High  school  aid 
law.  Teacher-training  law. 

10884.  Employment  of  members  of  board 

—publication  of  financial  report. 

10885.  Boards  may  accept  gifts  for  libra- 

ries. 

10886.  Depositories  of  school  moneys. 
New      law.— Surrender     of      school 

charter. 


Sec.  10864.  Organization  of  town  or  city  school  districts — 
corporate  powers. — Any  common  school  district  containing  within 
its  boundaries  a  city,  town  or  village,  the  plat  of  which  has  been 
filed  in  the  recorder's  office  of  the  county  in  which  the  same  is  sit- 
uated, or  any  district  having  two  hundred  or  more  children  of 
school  age  by  the  last  enumeration,  may  be  organized  into  a  town 
or  city  school  district,  and,  when  so  organized,  shall  be  a  body  cor- 
porate, and  known  as  the  school  district  of  ,  and  in  that 

name  may  sue  and  be  sued  and  possess  the  same  corporate  powers 
and  be  governed  the  same  as  other  school  districts  except  as  here- 
in provided ;  and  every  extension  that  has  heretofore  been  made,  or 
that  hereafter  may  be  made,  of  the  limits  of  any  city,  town  or  village 
that  is  now  or  may  be  hereafter  organized  under  the  laws  of  this 
state,  shall  have  the  effect  to  extend  the  limits  of  such  town  or  city 
school  district  to  the  same  extent,  and  such  extension  of  the  limits 
of  any  city  or  town  school  district  shall  take  effect  on  the  first  day  of 
July  next  following  the  extension  of  the  limits  of  such  city,  town  or 
village :  Provided,  that  any  incorporated  city,  town  or  village,  the 
plat  of  which  has  been  previously  filed  in  the  recorder's  office  of 
the  county  in  which  the  same  is  situated,  and  which  is  divided  by 
a  school  district  boundary  line,  so  that  said  incorporated  city,  town 
or  village  lies  partly  in  one  school  district  and  partly  in  another, 
shall  have  the  right  to  organize  as  a  separate  town  or  city  school 
district  in  the  manner  provided  in  this  section  for  the  organization 
of  common  school  districts  as  town  or  city  school  districts.  The 


78  Revised  School  Laws. 

meeting  for  such  organization  shall  be  called  by  posting  notices, 
setting  forth  the  time,  place  and  purpose  of  said  meeting  in  at 
least  five  public  places  in  said  city,  town  or  village,  at  least  fifteen 
days  prior  to  the  date  of  said  meeting.  Said  notices  shall  be 
signed  by  at  least  ten  freeholders,  residents  of  the  city,  town  or 
village  to  be  organized  as  a  school  district.  Such  town  or  city 
school  district  shall,  at  the  time  of  organization,  include  only  the 
territory  in  the  corporate  limits  of  the  city,  town  or  village  or- 
ganizing as  a  school  district  and  such  territory  outside  the  cor- 
porate limits  as  may,  by  the  creation  of  the  new  district,  be  cut  off 
from  the  district  or  districts  to  which  it  originally  belonged.  (R. 
S.  1899,  §  9860,  amended,  L.  1909,  p.  770.) 

Unorganized  territory  cannot  be  organized  into  a  town  or  city  school  district 
without  first  being  formed  into  a  common  school  district.  School  District  v.  Wallace, 
75  A.  317.  The  provisions  of  this  section  do  not  apply  to  cities  of  50,000  to  300,000 
inhabitants  which  are  already  organized  as  school  districts.  School  District  v.  District, 
184  Mo.  140.  The  president  of  the  school  board  is  the  proper  person  to  serve  with 
process  in  suits  against  school  districts.  Carr  v.  District,  42  A.  154. 

Note.— Under  this  section,  as  amended  in  1909,  any  incorporated  city,  town  or 
village,  the  plat  of  which  has  been  filed  in  the  recorder's  office,  and  which  lies  partly 
in  two  or  more  school  districts,  may  organize  as  a  separate  school  district. 

Under  this  section  rural  school  districts  may  be  united  into  one  district,  as  pro- 
vided in  section  10837,  and  when  the  new  district  has  two  hundred  or  more  children  of 
school  age,  it  can  organize  under  this  article.  This  is  another  way  of  providing  for 
rural  high  schools. 

This  section  is  constitutional.  45  Mo.  458.  The  whole  subdistrict  need  not  be  in- 
cluded. 50  Mo.  268.  Territory  outside  of  corporate  limits  may  be  taken  in  and  attached 
for  school  purposes.  53  Mo.  127 ;  60  Mo.  540 ;  64  Mo.  53 ;  65  Mo.  587 ;  93  Mo.  655 ;  99  Mo.  332. 
School  district  has  power  to  change  and  extend  its  limits,  although  town  is  not  incor- 
porated. 56  Mo.  231 ;  68  A.  397.  Each  organized  school  district  is  a  body  corporate  and 
its  territorial  form  can  be  changed  only  in  manner  pointed  out  by  statute.  120  Mo.  67. 
Special  school  district  has  power  to  condemn  land  for  schoolhouse  site.  125  Mo.  439. 
Suit  against  school  district  process,  on  whom  served.  42  A.  154. 

Sec.   10865.     Town  or   city  school   districts,   how   organized. 

Whenever  it  may  be  desired  to  organize  a  common  school  district 
or  consolidated  school  district  into  a  town  or  city  school  district, 
with  special  privileges  granted  under  this  article,  the  board  of 
directors  shall,  upon  the  reception  of  a  petition  to  that  effect,  and 
signed  by  ten  qualified  voters  who  are  resident  taxpayers  of  the 
district,  submit  the  proposition  at  an  annual  or  special  meeting, 
giving  notice  of  such  meeting  as  provided  by  section  10844.  The 
order  of  business  at  such  meeting  shall  be  as  follows : 

First — To  organize  as  a  town  or  city  school  district,  those 
voting  for  the  organization  shall  have  written  or  printed  on  their 
ballots  "For  organization,"  and  those  voting  against  the  organiza- 
tion shall  have  written  or  printed  on  their  ballots  "Against  or- 
ganization ;"  and  each  person  desiring  to  vote  shall  advance  to  the 
front  of  the  chairman  and  deposit  his  ballot  in  a  box  to  be  used 
for  that  purpose.  When  all  present  shall  have  voted  the  chairman 
shall  appoint  two  tellers,  who  shall  call  each  ballot  aloud,  and  the 


Revised  School  Laws.  79 

secretary  shall  keep  a  tally  and  report  to  the  chairman,  who  shall 
announce  the  result;  and  if  a  majority  of  the  votes  cast  are  "For 
organization,"  the  chairman  shall  call  the  next  order  of  business. 

Second — To  elect  six  directors,  as  follows:  Two  shall  be 
elected  for  three  years,  two  for  two  years  and  two  for  one  year, 
and  each  director  shall  be  elected  separately  and  the  result  an- 
nounced in  the  manner  prescribed  for  organization.  If  said  elec- 
tion is  held  at  a  special  meeting,  from  then  until  the  next  annual 
meeting  shall  be  taken  as  one  year,  so  far  as  relates  to  the  terms 
of  the  directors  elected.  The  directors  chosen  must  comply  with 
the  requirements  of  section  10868. 

The  chairman  and  secretary  of  such  meeting  shall  keep  a 
record  of  the  proceedings  thereof  and  turn  the  same  over  to  the 
board  of  education  of  such  district,  to  be  entered  upon  its  records 
by  the  clerk  of  such  district.  (R.  S.  1899,  §  9861,  amended,  L. 
1909,  p.  770.) 

When  a  proper  petition  is  presented  to  directors,  as  provided  in  this  section,  and 
they  have  ordered  an  election  and  caused  the  notices  thereof  to  be  posted,  they  cannot 
prevent  such  election  by  taking  down  the  notices  and  causing  other  notices  to  be 
posted  announcing  the  withdrawal  of  such  election.  Under  this  section  any  common 
school  district  may  organize  as  a  town  or  consolidated  district,  whether  or  not  it 
contain  a  village,  town  or  city  with  a  plat  filed  in  the  recorder's  office.  State  ex  rel.  v. 
Gill,  190  Mo.  79. 

See  cases  cited  under  section  10S64. 

Construing  10864  and  10865,  the  supreme  court  said :  "Thus  we  have  two  separate 
and  distinct  organizations  provided  for— the  result  the  same  in  each— a  single  school 
district  governed  by  the  provisions  of  article  IV.  To  the  first  is  essential  a  village,  and 
a  recorded  plat  thereof ;  that  the  territory  to  be  organized  may  be  defined.  To  the 
second,  only  an  organized  common  school  district,  where  territory  is  already  defined, 
and  which  needs  no  plat  for  that  purpose."  190  Mo.  79. 

By  "territory  attached  thereto"  is  unquestionably  meant  such  territory  as  may 
belong  to  the  school  district  lying  outside  of  the  corporate  limits  of  the  city  or  town. 
Under  a  prior  statute,  the  supreme  court  held  that  in  the  formation  of  a  district  under 
this  act,  territory  belonging  to  adjacent  districts  could  be  attached  without  the  consent 
of  such  districts.  The  present  statute  does  not  admit  of  the  dismemberment  of  districts 
in  this  manner.  If  it  is  considered  desirable  to  include  in  the  organization  territory 
belonging  to  adjoining  districts,  the  boundary  lines  must  either  be  changed  in  the 
manner  provided  in  section  10837  before  organizing,  or  in  the  manner  provided  in  sec- 
tion 10880,  after  completing  the  organization. 

Territory  embraced  in  a  school  subdistrict  outside  of  and  adjoining  an  incor- 
porated town  may  be  organized  at  the  same  time  with  that  part  within  the  corporate 
limits.  64  Mo.  53 ;  60  Mo.  540 ;  65  Mo.  587.  A  school  district  is  a  quasi  corporation,  and 
the  powers  of  the  corporators  and  directors  are  prescribed  and  limited  by  statute. 
25  A.  85.  The  territorial  form  of  a  school  district  can  be  changed  only  in  the  manner 
pointed  out  by  the  statutes.  120  Mo.  67. 

Sec.  10866.  Board  of  education,  tenure  of  members  of — 
vacancies  in,  how  filled. — The  government  and  control  of  such  town 
or  city  school  district  shall  be  vested  in  a  board  of  education  of 
six  members,  who  shall  hold  their  office  for  three  years  and  until 
their  successors  are  duly  elected  and  qualified,  and  any  vacancy 
occurring  in  said  board  shall  be  filled  in  the  same  manner  and  with 
like  effect  as  vacancies  occurring  in  boards  of  other  school  dis- 


80  Revised  School  Laws. 

tricts  are  required  to  be  filled,  and  the  person  appointed  shall  hold 
office  till  the  next  annual  meeting,  when  a  director  shall  be  elected 
for  the  unexpired  term.  (R.  S.  1899,  §  9862,  amended,  L.  1909, 
p.  770.) 

The  establishment  and  management  of  public  schools  of  a  town  school  district 
is  vested  in  the  board  of  directors,  and  their  discretionary  powers  cannot  be  controlled 
by  mandamus.  State  ex  rel.  v.  Jones,  155  Mo.  570. 

Sec.  10867.  Election  of  directors. — The  qualified  voters  of  the 
district  shall,  annually,  on  the  first  Tuesday  of  April,  elect  two 
directors,  who  are  citizens  of  the  United  States,  resident  taxpayers 
and  qualified  voters  of  the  district,  and  who  shall  have  paid  a  state 
and  county  tax  within  one  year  next  preceding  their  election  or 
appointment,  who  shall  hold  their  office  for  three  years  and  until 
their  successors  are  duly  elected  and  qualified;  and  all  vacancies 
in  the  board  shall  be  filled  for  the  unexpired  term.  (R.  S.  1899, 
§  9863,  re-enacted,  L.  1909,  p.  770.) 

A  woman  is  not  eligible  to  the  office  of  school  director.  State  ex  rel.  v.  Mc- 
Spaden,  137  Mo.  628. 

Sec.  10868.  Organization  of  board— duties  of  officers.— With- 
in four  days  after  the  annual  meeting  the  board  shall  meet,  the 
newly  elected  members  be  qualified,  and  the  board  organized  by 
the  election  of  a  president  and  vice-president,  and  the  board  shall, 
on  or  before  the  fifteenth  day  of  July  of  each  year,  elect  a  secre- 
tary and  a  treasurer,  who  shall  enter  upon  their  respective  duties 
on  the  fifteenth  day  of  July;  said  secretary  and  treasurer  may  be 
or  may  not  be  members  of  the  board.  No  compensation  shall  be 
granted  to  either  the  secretary  or  the  treasurer  until  his  report 
and  settlement  shall  have  been  made  and  filed  or  published  as  the 
law  directs.  A  majority  of  the  board  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  no  contract  shall  be  let,  teacher 
employed,  bill  approved  or  warrant  ordered  unless  a  majority  of 
the  whole  board  shall  vote  therefor.  The  president  and  secretary, 
except  as  herein  specified,  shall  perform  the  same  duties  and  be 
subject  to  the  same  liabilities  as  the  presidents  and  clerks  of  the 
school  boards  of  other  districts.  (R.  S.  1899,  §  9864,  re-enacted, 
L.  1909,  p.  770.) 

The  treasurer  of  a  school  district  is  a  public  officer,  and  a  suit  on  his  official  bond 
is  barred  under  section  1890,  at  the  end  of  three  years  after  the  breach  of  said  bond. 
State  ex  rel.  v.  Harter,  188  Mo.  516.  A  party  who  is  elected  treasurer  of  school  district 
before  July  15th  cannot  legally  enter  into  the  office  until  that  date,  but  where  he  is 
elected  and  before  July  15th  gives  his  receipt  for  funds  of  district,  receives  pass  book 
from  bank  showing  such  funds  to  his  credit,  he  is  estopped  when  sued  for  on  his  bond 
from  denying  that  he  held  such  funds  as  treasurer,  and  that  the  district  was  duly 
incorporated.  State  ex  rel.  v.  Dorton,  145  Mo.  305.  The  directors  cannot  issue  warrants 
except  when  assembled  as  a  board.  Kane  v.  Calhoun,  48  A.  408.  The  insertion  of  the 
number  of  township  and  range  in  the  bond  of  the  treasurer  of  town  or  city  school 
district  is  surplusage,  and  does  not  invalidate  such  bond.  State  ex  rel.  v.  Delaney,  122 
A.  239. 

Proceedings  of  board  of  school  directors  must  be  shown  by  their  record.  48  A.  408 ; 
64  A.  202. 


Revised  School  Laws.  81 

Sec.  10869.  Primary  and  high  schools  to  be  established  and 
sites  located. — When  the  demands  of  the  district  require  more 
than  one  public  school  building  therein,  the  board  shall,  as  soon  as 
sufficient  funds  have  been  provided  therefor,  establish  an  ade- 
quate number  of  primary  or  ward  schools,  corresponding  in  grade 
to  those  of  other  public  school  districts,  and  for  this  purpose  the 
board  shall  divide  the  school  district  into  school  wards  and  fix  the 
boundaries  thereof,  and  the  board  shall  select  and  procure  a  site  in 
each  newly  formed  ward,  and  erect  a  suitable  school  building 
thereon  and  furnish  the  same;  and  the  board  may  also  establish 
schools  of  a  higher  grade,  in  which  studies  not  enumerated  in 
section  10941  may  be  pursued;  and  whenever  there  is  within  the 
district  any  school  property  that  is  no  longer  required  for  the  use 
of  the  district,  the  board  is  hereby  authorized  to  advertise,  sell 
and  convey  the  same,  and  the  proceeds  derived  therefrom  shall  be 
placed  to  the  credit  of  the  building  fund  of  such  district.  (R.  S. 
1899,  §  9865,  re-enacted,  L.  1909,  p.  770.) 

Taxpayers  cannot  enjoin  collection  of  school  taxes  because  directors  failed  to 
establish  and  maintain  ward  schools  as  the  law  requires,  nor  can  they  in  such  suit 
attack  the  corporate  existence  of  the  district.  Burnham  v.  Rogers,  167  Mo.  17 ;  Black 
v.  Early,  208  Mo.  281. 

Note.— Under  this  section,  as  amended  in  1899,  tpwn  and  city  school  districts  may 
establish  'more  than  one  high  school. 

See  cases  cited  under  section  10866. 

Directors  have  no  power  to  change  site  of  schoolhouse  or  erect  new  schoolhouse- 
on  new  site  without  the  sanction  of  the  voters  of  the  district.  25  A.  85. 

The  purpose  of  the  public  school  laws  is  twofold,  to  wit :  To  establish  primary 
grade  schools  sufficient  to  meet  the  demands  of  all  children  of  the  district  of  that 
class,  and,  second,  after  these  primary  demands  have  been  met  and  satisfied,  to 
establish  higher  grade  schools  within  the  limits  of  the  school  fund  provided  and  avail- 
able. 155  Mo.  571. 

Sec.  10870.  Town,  city  or  consolidated  school  districts — haw 
disorganized. — Any  town,  city  or  consolidated  school  district  here- 
tofore organized  under  the  laws  of  this  state,  or  which  may  be 
hereafter  organized,  shall  be  privileged ,  to  disorganize  or  abolish 
such  organization  by  a  vote  of  the  resident  voters  and  taxpayers 
of  such  school  district,  first  giving  fifteen  days'  notice,  which  notice 
shall  be  signed  by  at  least  ten  qualified  resident  voters  and  tax- 
payers of  such  town,  city  or  consolidated  school  district ;  and  there 
shall  be  five  notices  put  up  in  five  public  places  in  said  school  dis- 
trict. Such  notices  shall  recite  therein  that  there  will  be  a  public 
meeting  of  the  resident  voters  and  taxpayers  of  said  school  dis- 
trict at  the  schoolhouse  in  said  school  district,  and  at  said  meeting, 
if  two-thirds  of  the  resident  voters  and  taxpayers  of  such  school 
district  shall  vote  to  dissolve  any  such  town,  city  or  consolidated 
school  district,  then  from  and  after  that  date  the  said  town,  city 
or  consolidated  school  district  shall  be  dissolved,  and  the  same  ter- 
ritory included  in  said  school  district  may  be  organized  into  a 
common  school  district  under  article  III  of  this  chapter.  (Laws 
1901,  p.  246,  amended,  L.  1909,  p.  770.) 

S.  L.-6 


82  Revised  School  Laws. 

A  town  or  city  school  district  lying  partly  in  two  counties  cannot  be  dissolved  or 
divided  under  the  provisions  of  section  10842.  State  ex  rel.  v.  Fry,  186  Mo.  198. 

Sec.  10871.     Duties,  restrictions  and  liabilities  of  boards. — The 

board  of  education  of  any  town,  city  or  consolidated  school  district 
shall,  except  as  herein  provided,  perform  the  same  duties  and  be 
subject  to  the  same  restrictions  and  liabilities  as  the  boards  of 
other  school  districts  acting  under  the  general  school  laws  of  the 
state:  Provided,  however,  that  in  cities,  as  hereinafter  specified, 
the  board  of  education  shall  have  power  to  establish  and  maintain 
separate  libraries  and  public  parks  and  play  grounds  for  the  use 
of  white  and  colored  persons  in  such  school  district  and  for  the  use 
of  the  public  school  district  therein  and  to  appropriate  such  sums 
as  they  may  deem  proper  for  the  support  thereof,  not  to  exceed  in 
any  one  year  two  thousand  five  hundred  dollars  for  cities  of 
twenty  thousand  and  under  one  hundred  thousand  inhabitants 
and  not  to  exceed  five  hundred  dollars  for  cities  of  five  thousand 
and  under  twenty  thousand  inhabitants,  and  not  to  exceed  two 
hundred  and  fifty  dollars  for  cities  of  one  thousand  and  under  five 
thousand  inhabitants — the  population  to  be  determined  by  the  last 
United  States  or  municipal  census.  Such  board  of  education  is 
hereby  authorized:  To  lease  or  purchase  grounds  additional  to 
the  schoolhouse  site,  either  adjacent  thereto  or  elsewhere  in  such 
school  district,  for  such  purposes  and  pursuant  to  the  laws  of  emi- 
nent domain,  now  or  hereafter  in  force,  within  this  state,  to  con- 
demn grounds  to  be  used  for  such  purposes  as  are  herein  expressed 
and  to  pay  for  such  grounds  so  leased,  purchased  or  condemned 
out  of  the  revenues  of  such  school  district  on  hand  and  provided 
for  such  purposes  under  the  Constitution  and  laws  of  said  state 
and  within  the  constitutional  limitations  and  restrictions  as  to 
taxation  within  such  school  districts.  To  permit  such  use  of  said 
public  parks  and  play  grounds  under  their  control  as  in  their  judg- 
ment may  be  deemed  best  for  the  interests  of  such  school  district 
pursuant  to  the  provisions  and  for  the  purposes  designated  herein 
and  to  hold  said  parks  and  play  grounds  in  trust  for  the  use  of 
such  school  district  and  to  have  full  control  and  custody  thereof, 
including  the  policing  and  preservation  of  order  therein,  and  to 
adopt  and  enforce  suitable  rules  and  regulations  for  the  control 
thereof  and  the  conduct  of  children  and  other  persons  while  using 
the  same,  subject  to  the  statutes  of  the  state  of  Missouri  and  the 
ordinances  of  the  city  included  in  such  school  district  regulating 
the  policing  and  preservation  of  order  therein.  All  laws  and  parts 
of  laws  in  conflict  with  the  provisions  of  this  act  are  hereby  re- 
pealed. (Session  Acts,  1913.) 

Sec.  10872.  Corporate  seal — school  term. — The  board  shall 
keep  a  common  seal  with  which  to  attest  its  official  acts.  The 
board  shall  have  power  and  they  are  required  to  continue 
the  public  schools  in  their  respective  districts  for  a  period  of  not 


Revised  School  Laws.  83 

less  than  eight  nor  more  than  ten  months,  excepting  in  schools  in 
which  the  board  of  directors  desires  to  extend  such  term  for  the 
purpose  of  physical  training,  under  an  instructor,  for  which  pur- 
pose such  term  may  be  extended  to  not  more  than  eleven  months, 
when  the  effects  of  such  continuance  will  not  increase  the  total 
estimate  for  school  purposes  to  an  amount  exceeding  forty  cents 
on  the  hundred  dollars'  assessed  valuation  of  the  taxable  property 
of  the  district,  unless  duly  ordered  in  compliance  with  the  pro- 
visions of  section  10796,  fifteen  days'  notice  having  been  given 
that  such  increase  would  be  voted  upon.  (R.  S.  1899,  §  9867, 
amended,  L.  1909,  p.  770.) 

Sec.  10873.  Bond  of  treasurer. — The  treasurer,  before  enter- 
ing upon  the  discharge  of  his  duties  as  such,  shall  enter  into  a 
bond  to  the  state  of  Missouri,  with  two  or  more  sureties,  to  be  ap- 
proved by  the  board,  conditioned  that  he  will  render  a  faithful  and 
just  account  of  all  money  that  may  come  into  his  hands  as  such 
treasurer,  and  otherwise  perform  the  duties  of  his  office  according 
to  law — said  bond  to  be  filed  with  the  secretary  of  the  board ;  and 
thereafter  said  treasurer  shall  be  the  custodian  of  all  school  mon- 
eys derived  from  taxation  for  school  purposes  in  said  district  until 
paid  out  on  the  order  of  the  board,  and  on  breach  of  the  condi- 
tions of  said  bond,  the  secretary  of  such  board,  or  any  freeholder, 
may  cause  suit  to  be  brought  thereon,  which  suit  shall  be  prose- 
cuted in  the  name  of  the  state  of  Missouri,  at  the  relation  and  to 
the  use  of  the  proper  school  district.  (R.  S.  1899,  §  9868,  re- 
enacted,  L.  1909,  p.  770.) 

Suits  on  treasurer's  official  bond  are  barred  in  three  years  under  the  provisions  of 
section  4525.  State  ex  rel.  v.  Harter,  188  Mo.  516. 

Sureties  on  treasurer's  bond  remain  liable  so  long  as  he  continues  to  hold  the 
office,  though  that  be  beyond  the  period  for  which  he  is  elected.  72  Mo.  648 ;  48  A.  408. 

Sec.  10874.  Liability  of  treasurer  for  sinking  fund  and  in- 
terest— compensation. — The  treasurer  of  the  board  shall  be  the 
custodian  of  all  moneys  collected  for  liquidating  any  bonded  in- 
debtedness and  interest  on  the  same,  and  shall  be  responsible  on 
his  official  bond  for  the  safekeeping  and  proper  appliance  of  such 
sinking  fund  and  interest  as  may  be  by  him  received,  and  also  for 
any  loss  incurred  or  damage  resulting  from  his  failure  to  burn 
any  and  all  redeemed  bonds,  as  required  in  section  1 0781 ;  he  shall 
promptly  pay  the  interest  on  bonds  when  due,  and  pay  off,  cancel 
and  burn  the  bonds  as  rapidly  as  possible ;  and  he  shall  receive  as 
full  compensation  for  his  services  under  this  section  not  to  exceed 
one  per  cent,  on  amount  by  him  paid  out  in  the  redemption  of 
bonds  and  payment  of  interest  on  same.  (R.  S.  1899,  §  9869, 
amended,  L.  1909,  p.  770.) 

See  cases  cited  under  section  10873. 

Sec.  10875.  District  moneys  to  be  paid  to  treasurer. — When- 
ever any  state  or  county  school  money  apportioned  to  any  town, 


84  Revised  School  Laws. 

city  or  consolidated  school  district  shall  have  been  paid  to  any 
county  or  township  treasurer,  as  now  provided  by  law,  the  same 
shall,  on  the  application  of  the  treasurer  of  said  town,  city  or 
consolidated  school  district,  be  paid  over  to  him  by  said  county  or 
township  treasurer,  and  the  receipt  of  any  such  school  district 
treasurer  for  said  money  shall  be  a  lawful  voucher  for  the  dispo- 
sition of  said  money  by  said  county  or  township  treasurer,  and  be 
accepted  as  such  by  the  county  court  or  other  body  or  person 
having  authority  by  law  to  make  settlements  with  said  county  or 
township  treasurer.  (R.  S.  1899,  §  9870,  amended,  L.  1909,  p. 
770.) 

Sec.  10876.  Settlement  of  treasurer.— The  treasurer  of  the 
board  of  education  of  any  town,  city  or  consolidated  school  dis- 
trict shall,  annually,  between  the  first  and  fifteenth  of  July,  settle 
with  the  board  of  education,  and  account  to  said  board  for  all 
school  moneys  or  funds  received,  from  whom  and  on  what  account, 
and  the  amount  paid  out  for  school  purposes  in  such  town,  city  or 
consolidated  school  district,  which  settlement,  if  found  correct  by 
said  board  of  education,  shall  be  approved  by  said  board;  and 
when  the  said  settlement  is  thus  approved,  it  is  hereby  made  the 
duty  of  said  treasurer  to  present  his  settlement  to  the  clerk  of  the 
county  court  of  said  county,  and  the  said  clerk  shall  make  a  care- 
ful examination  of  the  said  settlement,  and,  if  found  correct,  he 
shall  certify  the  same,  which  certificate  shall  be  prima  facie  a  dis- 
charge of  such  liability  of  the  treasurer  for  the  funds  expressed 
in  the  vouchers;  and  at  the  expiration  of  his  term  of  office  said 
treasurer  shall  deliver  over  to  his  successor  in  office  all  books  and 
papers,  with  all  moneys  or  other  property  in  his  hands,  and  also 
all  orders  he  may  have  redeemed  since  his  last  annual  settlement 
with  the  board  of  education  and  with  the  county  clerk,  and  take 
the  duplicate  receipts  of  his  successor  therefor,  one  of  which  he 
shall  deposit  with  the  secretary  of  said  board  of  education  and  the 
other  with  the  clerk  of  said  county  court.  (R.  S.  1899,  §  9871, 
amended,  L.  1909,  p.  770.) 

See  cases  cited  under  section  10873. 

Sec.  10877.  Duties  of  county  clerk — how  paid. — The  clerk  of 
the  county  court  of  such  county  shall  perform  the  same  duties 
under  this  law,  not  herein  specified,  as  shall  be  required  by  law  to 
perform  in  relation  to  the  state  and  county  taxes  in  said  county, 
and  shall  receive  like  compensation  therefor,  the  same  to  be  paid 
by  the  county  treasurer  upon  warrant  issued  by  the  county  court. 
(R.  S.  1899,  §  9872,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10878.  Duties  of  collectors. — The  county  or  township  col- 
lector shall  pay  over  to  the  treasurer  of  said  board  of  education 
all  moneys  received  and  collected  by  him  to  which  said  board  is  en- 
titled at  least  once  in  every  month;  and  upon  such  payment  he 
shall  take  duplicate  receipts  from  said  treasurer,  one  of  which  he 


Revised  School  Laws.  85 

shall  file  with  the  secretary  of  said  board  of  education,  and  the 
other  shall  be  filed  in  his  settlement  with  the  county  court.  (R.  S. 
1899,  §  9873,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10879.  Regulations  governing  elections  at  annual  meet- 
ings.— The  qualified  voters  of  such  town,  city  or  consolidated  school 
district  shall  vote  by  ballot  upon  all  questions  provided  by  law  for 
submission  at  the  annual  school  meetings,  and  such  election  shall 
be  held  on  the  first  Tuesday  in  April  of  each  year,  and  at  such  con- 
venient place  within  the  district  as  the  board  may  designate,  be- 
ginning at  7  o'clock  a.  m.  and  closing  at  6  o'clock  p.  m.  of  said  day. 
The  board  shall  appoint  three  judges  of  election,  and  said  judges 
shall  appoint  two  clerks;  said  judges  and  clerks  shall  be  sworn  and 
the  election  otherwise  conducted  in  the  same  manner  as  the  elec- 
tions for  state  and  county  officers,  and  the  result  thereof  certified 
by  the  judges  and  clerks  to  the  secretary  of  the  board  of  education, 
who  shall  record  the  same,  and,  by  order  of  said  board,  shall  issue 
certificates  of  election  to  the  persons  entitled  thereto;  and  the  re- 
sults of  all  other  propositions  submitted  must  be  reported  to  the 
secretary  of  the  board,  and  by  him  duly  entered  upon  the  district 
records.  All  propositions  submitted  at  said  annual  meeting  may 
be  voted  for  upon  one  and  the  same  ballot,  and  necessary  poll 
books  shall  be  made  out  and  furnished  by  the  secretary  of  the 
board :  Provided,  that  in  all  cities  and  towns  having  a  population 
exceeding  two  thousand  and  not  exceeding  one  hundred  thousand 
inhabitants,  said  elections  shall  be  held  at  the  same  time  and 
places  as  the  election  for  municipal  officers,  and  the  judges  and 
clerks  of  such  municipal  election  shall  act  as  judges  and  clerks  of 
said  school  election,  but  the  ballots  for  said  school  election  shall  be 
upon  separate  pieces  of  paper  and  deposited  in  a  separate  ballot 
box  kept  for  that  purpose.  Should  such  school  district  embrace 
territory  not  included  in  the  limits  of  such  city  or  town,  the  quali- 
fied voters  thereof  may  vote  at  such  voting  precinct  as  they  would 
be  attached  to,  provided  the  ward  lines  thereof  were  extended  and 
produced  through  such  adjoining  territory.  All  school  districts  in 
cities,  towns  and  villages  in  this  state  which  are  now  or  which 
may  hereafter  be  under  special  charter  shall  hereafter  hold  their 
annual  school  elections  on  the  first  Tuesday  in  April,  and  the  mem- 
bers of  the  boards  of  education  now  serving  in  such  districts  shall 
continue  to  serve  until  the  first  Tuesday  in  April  next  following 
the  expiration  of  the  terms  for  which  they  were  elected  or  ap- 
pointed, and  until  their  successors  are  elected  and  qualified.  (R. 
S.  1899,  §  9874,  amended,  L.  1909,  p.  770.) 

Sec.  10880.  Annexation  to  town  and  city  districts. — When- 
ever an  entire  school  district,  or  a  part  of  a  district  adjoining  any 
city,  town  or  village  school  district,  desires  to  be  attached  thereto 
for  school  purposes,  upon  the  reception  of  a  petition  setting  forth 
ich  fact  and  signed  by  ten  qualified  voters  of  such  district,  the 


sucn  ii 


86  Revised  School  Laws. 

board  of  directors  thereof  shall  order  a  special  meeting  for  said 
purpose  by  giving  notice  as  required  by  section  10844.  Should  a 
majority  of  the  votes  cast  favor  such  annexation,  the  secretary 
shall  certify  the  fact,  with  a  copy  of  the  record,  to  the  board  of 
said  district  and  to  the  board  of  said  city,  town  or  village  school 
district ;  whereupon  the  board  of  such  city,  town  or  village  district 
shall  meet  to  consider  the  advisability  of  receiving  such  territory, 
and  should  a  majority  of  all  the  members  of  said  board  favor  such 
annexation,  the  boundary  lines  of  such  city  or  town  school  district 
shall  from  that  date  be  changed  so  as  to  include  said  territory,  and 
said  board  shall  immediately  notify  the  clerk  of  said  district  which 
has  been  annexed,  in  whole  or  in  part,  of  its  action.  In  case  an 
entire  district  is  thus  annexed,  all  property  and  money  on  hand 
thereto  belonging  shall  immediately  pass  into  the  possession  of  the 
board  of  said  city  or  town  school  district;  but  should  only  a  part 
of  a  district  be  annexed  thereto,  said  part  shall  relinquish  all 
claim  and  title  to  any  part  of  the  school  property  and  money  on 
hand  belonging  to  said  original  district,  and  that  portion  of  the 
district  remaining  must  contain  within  its  limits  thirty  children 
and  thirty  thousand  dollars  assessed  valuation,  or  thirty  children 
and  nine  square  miles  of  territory.  The  voting  at  said  special 
school  meeting  shall  be  by  ballot,  as  provided  for  in  section  10865, 
and  the  ballots  shall  be  "for  annexation"  and  "against  annexa- 
tion," when  the  whole  district  is  to  be  annexed,  but  if  only  a  part 
is  to  be  annexed,  the  ballots  shall  read  "for  release"  and  "against 
release."  (R.  S.  1899,  §  9875,  amended,  L.  1909,  p.  770.) 

This  section  does  not  apply  to  cities  having  50,000  and  less  than  300,000  inhabitants. 
School  District  v.  District,  184  Mo.  140.  This  section  is  constitutional.  Sharp  v.  Miller, 
65  Mo.  50.  Before  a  vote  can  be  taken  to  annex  all  or  part  of  a  common  school  district 
to  a  town  or  city  district,  the  directors  of  such  common  school  district  must  meet  and 
order  such  election,  and  unless  the  clerk's  record  shows  such  election  was  so  ordered 
the  annexation  is  void.  State  ex  rel.  v.  Lockett,  54  A.  202. 

Board  of  special  school  district,  power  to  extend  limits.  65  Mo.  50.  How  right  of 
annexation  may  be  exercised.  68  A.  397. 

Sec.  10881.  Change  of  boundary  lines  and  division  of  prop- 
erty.— All  the  provisions  of  section  10837,  relating  to  the  changes 
of  boundary  lines  of  common  school  districts,  and  all  the  provisions 
of  sections  10839  and  10840,  relating  to  the  division  of  property 
between  common  school  districts,  shall  apply  to  town,  city  and  con- 
solidated districts.  (Laws  1907,  p.  426,  amended,  L.  1909,  p.  770.) 

Sec.  10882.  Annexation  to  school  district  when  corporate 
limits  are  extended. — Whenever,  by  reason  of  the  limits  of  any 
city,  town  or  village  being  extended,  a  portion  of  the  territory  of 
any  school  district  adjacent  thereto  has  been  incorporated  in  the 
town  or  city  school  districts,  the  inhabitants  of  such  remaining 
parts  of  districts  shall  have  the  right  to  be  annexed  to  such!  town 
or  city  school  district :  Provided,  that  when  such  part  of  a  school 
district  desires  to  be  so  annexed,  an  election  shall  be  held  at  a 


Revised  School  Laws.  87 

special  meeting,  as  provided  in  section  10880,  and  should  a  ma- 
jority of  the  votes  cast  favor  annexation,  the  secretary  shall  certify 
the  fact,  with  a  copy  of  the  record,  to  the  board  of  said  district, 
and  to  the  board  of  said  town  or  city  school  district;  whereupon 
the  board  of  such  town  or  city  school  district  shall  meet  and  con- 
firm such  annexation  by  a  proper  resolution  of  record;  and  pro- 
vided, that  when  such  part  of  a  school  district  has  no  organiza- 
tion, any  ten  qualified  voters  may  call  a  meeting  of  the  district 
and  proceed  as  provided  in  the  foregoing  section;  and  the  secre- 
tary of  such  meeting  shall  certify,  if  the  majority  vote  for  annex- 
ation, to  the  board  of  directors  of  the  town  or  city  school  district, 
and  the  same  action  shall  be  taken  as  provided  above.  The  re- 
maining portion  of  such  district  shall  be  entitled  to  be  attached  to 
said  town  or  city  school  district :  Provided,  that  the  school  popu- 
lation of  said  adjoining  district  has  been  reduced  to  a  smaller 
number  than  that  required  by  law,  or  the  territory  has  been  re- 
duced to  less  than  nine  square  miles;  and  whenever  such  adjoining 
fractional  district  shall  desire  to  be  so  annexed,  a  petition  or  me- 
morial shall  be  presented  to  the  town  or  city  school  district,  in- 
forming the  board  of  directors  of  the  same  of  their  desire  to  be 
annexed,  and  giving  the  boundary  of  the  fractional  district  desired 
to  be  annexed,  the  number  of  inhabitants  in  the  same,  and  the 
number  of  children  of  school  age ;  whereupon  the  board  of  educa- 
tion of  such  town  or  city  school  district  shall  take  such  action  for 
the  incorporation  of  such  adjoining  territory  as  is  required  to  be 
taken  when  territory  has  been  annexed,  as  provided  in  section 
10880:  Provided,  however,  that  where  a  portion  of  one  or  more 
school  districts  adjacent  to  such  town  or  city  school  district,  and 
adjacent  to  each  other,  have  been,  by  reason  of  the  extension  of 
the  limits  of  such  city,  deprived  of  the  necessary  school  population 
or  territory  to  enable  them  to  maintain  their  school  district  or- 
ganization, they  shall  have  a  right  to  elect,  first,  to  become  a  part 
of  said  town  or  city  school  district;  or,  second,  to  continue  as  a 
separate  school  district;  and  for  the  purpose  of  such  election,  the 
qualified  voters  of  such  districts  shall  call  a  special  meeting  and 
proceed  to  vote  on  such  proposition,  as  provided  in  section  10880; 
and  provided,  if  the  said  fractional  part  of  a  district  has  no  board 
of  directors  remaining,  a  majority  of  the  qualified  voters  of  said 
fraction  of  a  district  may  call  such  special  meeting,  and  if  a  ma- 
jority of  the  qualified  voters  present  and  voting  at  said  meeting 
vote  favorable  to  either  of  said  propositions,  a  certified  copy  of  the 
proceedings  of  such  meeting  shall  be  delivered  to  the  board  of 
directors  of  the  school  district  to  which  they  vote  to  be  attached, 
and  such  board  of  directors  shall  take  such  steps  as  necessary  and 
lawful  to  perfect  the  annexation  as  decided  by  said  election.  (R. 
S.  1899,  §  9876,  amended,  L.  1909,  p.  770.) 

This   section  has  no  application  to   school   district  containing  a  city  of  60,000  to 
300,000  inhabitants.     School  District  v.  District,   184  Mo.  140. 


88  Revised  School  Laws. 

This  act  of  April  11,  1895,  is  applicable  to  the  extension  of  the  city  limits  made 
prior  to  said  date,  and  a  portion  of  a  school  district  lying  adjacent  to  such  city  district 
ipso  facto  became  a  part  of  the  city  district ;  the  act  is  not  retrospective  in  the  consti- 
tutional sense,  and  the  remaining  portion  of  the  adjoining  district  not  so  annexed  by 
said  act  is  entitled  to  be  annexed. 

The  right  of  annexation  may  be  exercised  as  follows : . 

(1)  When  the  fractional  district  has  an   organization  and  the  territory  and  the 
school  population  required  by  law. 

(2)  When   such   district   has  no   organization,    but   has   the  territory  and   school 
population  required  by  law. 

(3)  When   it   has   an    organization   and   school   population,    but  not   the   territory 
required  by  law. 

(4)  When    it    has    the    territory,    but    not    the    organization,    nor    the    population 
required  by  law.    68  A.  397. 

Sec.  10883.     Consolidated  districts— how  formed.— Three  or 

more  common  school  districts,  or  a  village  district  having  less  than 
two  hundred  children  of  school  age  by  last  enumeration,  together 
with  two  or  more  adjoining  districts,  may  be  consolidated  into  a 
new  district  for  the  purpose  of  maintaining  both  primary  schools 
and  a  high  school  by  proceedings  had  in  accordance  with  the  pro- 
visions of  section  10837.  When  such  new  district  is  formed  it 

shall  be  known  as  "Consolidated  district  No 

of county,"  and 

shall  organize  at  a  special  meeting  within  fifteen  days  after  the 
formation  thereof;  such  organization  and  the  government  of  such 
consolidated  district  shall  be  under  and  in  compliance  with  the 
laws  governing  town  and  city  school  districts  as  provided  in  article 
IV  of  this  chapter.  (Laws  1901,  p.  249,  amended,  L.  1909,  p. 
770.) 

Note.— The  law  does  not  contemplate  that  consolidated  districts  be  numbered  in 
the  same  manner  provided  for  numbering  common  school  districts  in  section  10834,  but 
when  a  new  consolidated  district  is  formed  it  should  not  be  given  the  same  name  or 
number  as  another  consolidated  district  already  in  existence. 

This  law  enables  three  or  more  school  districts,  one  of  which  may  be  a  village 
district  with  six  directors,  to  unite  and  form  a  new  district.  This  must  be  done  at 
the  annual  school  meeting  by  posting  notices  as  in  case  of  change  of  boundary  line. 
The  districts  vote  separately  on  the  question  of  consolidation.  If  all  districts  affected 
vote  "for  consolidation"  the  new  district  is  formed.  If  one  or  more  districts  vote  for 
and  one  or  more  vote  against,  the  matter  should  be  appealed  to  the  county  superin- 
tendent and  by  him  referred  to  a  board  of  arbitration.  The  new  district  will  be  under 
the  six-director  system,  and  may  maintain  a  high  school  and  as  many  lower  grade 
schools  as  the  board  of  directors  may  determine. 

The  first  meeting  of  the  newly  created  district  should  be  called  in  the  manner 
provided  for  in  section  10843,  and  when  assembled  the  organization  shoyld  be  effected 
as  provided  for  in  section  10865. 


Revised  School  Laws. 


39 


THE  NEW  CONSOLIDATION  LAW. 
(The  Buford  Consolidation  Law,  1913.) 

AN  ACT  to  provide  for  the  organization  of  consolidated  schools  and  rural  high  schools, 
and  to  provide  state  aid  for  such  schools,  with  an  emergency  ^clause. 


SECTION 

1.  Consolidated    district    for    elementary 

and  high  school  may  be  formed. 

2.  Consolidated  district— area  and  enum- 

eration of. 

8.  Petition  to  form  consolidated  district 
filed  with  whom — duties  of  county 
school  superintendent— meeting— or- 
ganization of. 

4.    Transportation— may  be  voted  on. 


SECTION 

5.  Parts  of  districts  remaining  after  con- 

solidation—procedure. 

6.  Settlement   of   property— original   dis- 

tricts to  continue— how  long. 

7.  State  aid— when  granted— how. 

8.  Special  state  aid  granted— when  and 

how. 

9.  Emergency. 


Section  1.  Consolidated  district  for  elementary  and  high 
school  may  be  formed. — The  qualified  voters  of  any  community 
in  Missouri  may  organize  a  consolidated  school  district  for  the 
purpose  of  maintaining  both  elementary  schools  and  a  high  school 
as  hereinafter  provided.  When  such  new  district  is  formed  it  shall 

be  known  as  consolidated  district  No of 

county,  and  all  the  laws  applicable  to  the 

organization  and  government  of  town  and  city  school  districts  as 
provided  in  article  IV,  chapter  106  of  the  Revised  Statutes  of  Mis- 
souri, 1909,  shall  be  applicable  to  districts  organized  under  the 
provisions  of  this  act. 

Sec.  2.     Consolidated  district — area  and  enumeration  of. — No 

consolidated  district  shall  be  formed  under  the  provisions  of  this 
act  unless  it  contains  an  area  of  at  least  twelve  square  miles  or 
has  an  enumeration  of  at  least  two  hundred  children  of  school  age : 
Provided,  that  no  district  formed  under  the  provisions  of  this  act 
shall  include  within  its  territory  any  town  or  city  district  that  at 
the  time  of  the  formation  of  said  consolidated  district  has  by  the 
last  enumeration  two  hundred  children  of  school  age. 

A  consolidated  school  district  must  either  contain  an  area  of  twelve  square  miles 
or  have  an  enumeration  of  two  hundred  children  of  school  age. 

Sec.  3.  Petition  to  form  consolidated  district  filed  with  whom 
— duties  of  county  school  superintendent — meeting — organization 

of. — When  the  resident  citizens  of  any  community  desire  to  form 
a  consolidated  district,  a  petition  signed  by  at  least  twenty-five 
qualified  voters  of  said  community  shall  be  filed  with  the  county 
superintendent  of  public  schools.  On  receipt  of  said  petition,  it 
shall  be  the  duty  of  the  county  superintendent  to  visit  said  com- 
munity and  investigate  the  needs  of  the  community  and  determine 
the  exact  boundaries  of  the  proposed  consolidated  district.  In  de- 
termining these  boundaries,  he  shall  so  locate  the  boundary  lines 
as  will  in  his  judgment  form  the  best  possible  consolidated  dis- 


90  Revised  School  Laws. 

trict,  having  aue  regard  also  to  the  welfare  of  adjoining  districts. 
The  county  superintendent  of  schools  shall  call  a  special  meeting 
of  all  the  qualified  voters  of  the  proposed  consolidated  district  for 
considering  the  question  of  consolidation.  He  shall  make  this  call 
by  posting  within  the  proposed  district  ten  notices  in  public  places, 
stating  the  place,  time  and  purpose  of  such  meeting.  At  least 
fifteen  days* notice  shall  be  given  and  the  meeting  shall  commence 
at  2  o'clock  p.  m.  on  the  date  set.  The  county  superintendent 
shall  also  post  within  said  proposed  district  five  plats  of  the  pro- 
posed consolidated  district  at  least  fifteen  days  prior  to  the  date 
of  the  special  meeting.  These  plats  and  notices  shall  be  posted 
within  thirty  days  after  the  filing  of  the  petition.  The  county 
superintendent  shall  file  a  copy  of  the  petition  and  of  the  plat  with 
the  county  clerk  and  shall  send  or  take  one  plat  to  the  special 
meeting.  The  special  meeting  shall  be  called  to  order  by  the  county 
superintendent  of  schools  or  some  one  deputized  by  him  to  call 
said  meeting  to  order.  The  meeting  shall  then  elect  a  chairman 
and  a  secretary  and  proceed  in  accordance  with  section  10865,  R. 
S.  1909.  The  proceedings  of  this  meeting  shall  be  certified  by  the 
chairman  and  secretary  to  the  county  clerk  or  clerks  and  also 
to  the  county  superintendent  or  superintendents  ol  schools  of  all 
the  counties  affected.  If  the  proposed  consolidated  district  in- 
cludes territory  lying  in  two  or  more  counties,  the  petition  herein 
provided  for  shall  be  filed  with  the  county  superintendent  of  that 
county  in  which  the  majority  of  the  petitioners  reside.  The  county 
superintendent  shall  proceed  as  above  set  forth  and  in  addition 
shall  file  a  copy  of  the  petition  and  of  the  plat  with  the  county 
clerk  of  each  county  from  which  territory  is  proposed  to  be  taken. 

Sec.  4.  Transportation — may  be  voted  on. — The  question  of 
transportation  of  pupils  may  be  voted  upon  at  a  special  meeting 
above  provided  for,  if  notice  is  given  that  such  a  vote  will  be 
taken.  If  transportation  is  not  provided  for  in  any  school  district 
formed  under  the  provisions  of  this  act,  it  shall  then  be  the  duty 
of  the  board  of  directors  to  maintain  an  elementary  school  within 
two  and  one-half  miles  by  the  nearest  traveled  road  of  the  home 
of  every  child  of  school  age  within  said  school  district:  Pro- 
vided further,  that  if  transportation  is  not  provided  for,  any  con- 
solidated district  may  by  a  majority  vote  at  any  annual  or  special 
meeting  decide  to  have  all  the  seventh  grade  and  the  eighth  grade 
work  done  at  the  central  high  school  building,  provided  fifteen 
days'  notice  has  been  given  that  such  vote  will  be  taken.  Such 
seventh  and  eighth  grade  work  at  the  central  school  may  be  dis- 
continued at  any  time  by  a  majority  vote  taken  at  any  annual  or 
special  meeting. 

It  requires  that  two-thirds  (%)  of  the  voters  who  are  taxpayers  voting 'at  the 
election  vote  in  favor  of  transportation  in  order  to  authorize  the  board  of  directors  to 
provide  transportation. 


Revised  School  Laws.  91 

Sec.  5.  Parts  of  districts  remaining  after  consolidation — 
procedure. — Whenever  by  reason  of  the  formation  of  any  consoli- 
dated school  district  a  portion  of  the  territory  of  any  school 
district  has  been  incorporated  in  the  consolidated  district,  the  in- 
habitants of  the  remaining  parts  of  the  districts  shall  proceed  in 
accordance  with  section  10882,  providing  for  the  annexation  to 
city  school  districts  and  the  consolidated  district  shall  be  governed 
by  the  same  provisions  as  govern  city  school  districts  in  such  cases. 
The  inhabitants  of  the  remaining  parts  of  the  districts  may  also 
annex  themselves  to  any  other  adjoining  district  or  districts  by 
filing  a  petition  asking  to  be  so  annexed  with  the  clerk  or  clerks 
of  the  district  or  districts  to  which  they  desire  to  be  annexed  and 
by  also  filing  a  copy  of  all  such  petitions  with  the  clerk  of  the 
county  court. 

Sec.  6.  Settlement  of  property — original  districts  to  con- 
tinue— how  long. — Whenever  any  consolidated  district  is  organized 
under  the  provisions  of  this  act,  the  original  districts  shall  con- 
tinue until  June  30th,  following  the  organization  of  said  consoli- 
dated district,  and  at  that  time  all  the  property,  money  on  hand, 
books  and  papers  of  the  school  districts  whose  schoolhouse  sites 
are  included  within  said  consolidated  district  shall  by  the  officers 
of  aforesaid  districts  be  turned  over  to  the  board  of  directors  of 
the  consolidated  district,  and  also  all  bonds  outstanding  against 
the  aforesaid  districts  shall  become  debts  against  the  consolidated 
district.  The  division  of  property  and  money  on  hand  in  case 
school  districts  are  divided  by  the  formation  of  any  consolidated 
district  shall  be  governed  by  sections  10839  and  10840. 

This  section  provides  that  the  boards  of  directors  of  the  original  districts  shall 
continue  until  June  30th  following  the  formation  of  the  consolidated  school  district. 
Such  boards  of  directors  continue  only  for  the  purpose  of  completing  the  business 
already  begun  in  the  original  districts.  They  have  no  power  to  make  any  contracts 
extending  beyond  June  30th. 

At  any  time  after  its  organization,  the  board  of  directors  of  the  consolidated 
district  has  power  to  call  a  meeting  for  the  purpose  of  voting  bonds  for  the  erection 
of  a  central  school  building  or  other  needed  buildings. 

In  the  event  a  consolidated  district  is  organized  between  the  date  of  the  annual 
school  meeting  and  June  30th,  the  board  of  directors  of  the  consolidated  district  must 
on  June  30th  assume  all  the  contracts  made  by  the  boards  of  the  original  districts  prior 
to  the  organization  of  the  consolidated  district.  Only  such  contracts  as  are  in  writing 
should  be  assumed.  Copies  of  all  such  contracts  must  be  delivered  by  the  boards  of 
directors  of  the  original  districts  to  the  board  of  directors  of  the  consolidated  district. 

Sec.  7.  State  aid — when  granted — how. — Whenever  a  district 
organized  under  the  provisions  of  this  act  has  secured  a  site  of 
not  less  than  five  acres  for  the  central  high  school  building  of  said 
district  and  has  erected  thereon  a  school  building,  suitable  for  a 
central  school  and  containing  one  large  assembly  room  for  the 
meeting  of  the  citizens  of  the  district  and  has  installed  a  modern 
system  of  heating  and  ventilating,  the  state  shall  pay  one-fourth 
of  the  cost  of  said  building  and  equipment,  provided  the  amount 


92  Revised  School  Laws. 

thus  paid  by  the  state  shall  not  exceed  two  thousand  dollars  ($2,- 
000.00)  for  any  one  district.  The  state  of  Missouri  shall  out  of 
the  general  revenue  fund  of  the  state  make  adequate  appropriation 
for  carrying  out  the  provisions  of  this  section  and  the  money  due 
any  district  shall  be  remitted  by  the  auditor  to  the  county  treasurer 
of  the  proper  county  on  receipt  of  a  certificate  from  the  state 
superintendent  of  public  schools  stating  that  the  conditions  herein 
prescribed  have  been  complied  with. 

Sec.  8.  Special  state  aid  granted — when — how. — When  a  con- 
solidated district  has  been  organized  as  herein  provided  and  has 
provided  adequate  buildings  for  school  purposes,  the  state  shall 
grant  a  special  aid  of  twenty-five  dollars  ($25.00)  per  year  for 
each  square  mile  or  fraction  thereof  in  the  area  of  said  district: 
Provided,  the  district  maintains  an  approved  high  school  of  at 
least  the  third  class  and  gives  an  approved  course  of  at  least  one 
year  in  agriculture;  and  provided  further,  that  no  district  shall 
receive  more  than  eight  hundred  dollars  per  year  under  the  pro- 
visions of  this  section.  The  state  of  Missouri  shall  out  of  the 
general  revenue  fund  of  the  state  make  adequate  appropriation 
for  carrying  out  the  provisions  of  this  section.  The  money  here- 
in provided  shall  become  due  on  June  30th  of  each  year  and  the 
district  clerk  shall  on  or  before  June  30th  make  application  to  the 
county  clerk  for  the  aid  due  his  district  and  the  county  clerk  shall 
certify  these  applications  to  the  state  superintendent  of  public 
schools,  who  shall  approve  them  and  certify  to  the  state  auditor 
the  amount  due  each  district  under  the  provisions  of  this  act. 
The  state  auditor  shall  draw  his  warrant  on  the  state  treasurer 
for  the  said  amount  and  remit  to  the  treasurer  of  the  proper 
county. 

Sec.  9.  Emergency. — On  account  of  the  immediate  need  of 
consolidated  schools  and  rural  high  schools,  there  is  created  an 
emergency  within  the  meaning  of  the  Constitution;  therefore,  this 
act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
approval. 

Districts  may  organize  under  this  law  at  any  time.  Fifty  thousand  dollars 
($50,000.00)  was  appropriated  for  aid  under  this  law  for  the  biennial  period  ending 
December  31,  1914. 

State  aid  for  the  building  is  granted  when  the  three  conditions  prescribed  in 
section  7  have  been  met. 

In  order  to  secure  state  aid  for  maintenance,  only  three  conditions  are  prescribed: 

(1)  The  district  must  provide  adequate  buildings. 

(2)  It  must  maintain  at  least  two  years  of  approved  high  school  work. 

(3)  It  must  give  an  approved  course  of  one  year  in  agriculture. 

It  is  not  necessary  that  school  site  contain  five  acres  in  order  that  the  consolidated 
school  may  obtain  aid  for  maintenance  under  section  8.  Since  the  passage  of  this  law 
twenty-one  districts  have  been  organized. 

Under  the  present  school  laws  there  are  four  independent  plans  for  securing  good 
graded  rural  schools  and  high  schools  for  the  rural  boys  and  girls. 

First:  The  first  and  best  way  is  under  the  law  passed  by  the  forty-seventh 
general  assembly,  s.  B.  241,  known  as  the  Buford  consolidation  law.  Under  this  law 
it  is  possible  to  build  a  central  high  school  in  every  township  in  the  state.  Under  this 


Revised  School  Laws. 


93 


law  every  community  that  desires  a  high  school  may  have  one.  The  state  contributes  a 
large  amount  toward  the  maintenance  of  such  schools.  The  state  aid  for  such  schools 
will  usually  be  about  one-half  of  the  salaries  of  the  high  school  teachers.  The  con- 
solidated school  district  could  maintain  elementary  schools  sufficient  to  put  every  child 
under  fourteen  within  two  and  one-half  miles  of  a  good  elementary  school  and  one 
school  of  higher  grade  for  all  older  and  more  advanced  within  five  miles.  The  little 
independent  school  district  with  fewer  than  twenty  children  is  too  expensive.  Con- 
solidate, harmonize  and  organize.  The  law  furnishes  the  opportunity. 

Second :  School  districts  that  are  near  villages  and  towns  may  under  section 
10880  annex  themselves  to  the  adjoining  village  or  town,  and  thus  secure  the  advantages 
of  graded  and  high  schools. 

Third :  A  village  and  one  or  more  adjoining  districts  may  unite  into  one  school 
district  under  section  10837  and  then  organize  under  section  10865  and  establish  graded 
schools  and  a  high  school. 

Fourth :  Under  section  10852,  four  or  more  school  districts  may  establish  a  joint 
high  school.  This  method  of  securing  a  high  school  has  not  proved  satisfactory.  One 
school  was  organized  at  Lamonte  in  Pettis  county  several  years  ago.  This  school  was 
abandoned  in  April,  1913.  There  is  now  only  one  such  school  in  the  state.  This  is  at 
Aldrich,  Polk  county. 


FORM  OF  PETITION. 


Mo., 


191- 


the   undersigned   qualified  voters   of   school   districts  numbered 


,    ,    and  adjoining  school  districts,    in  accordance  with  the  provisions 

of  an  act  of  the  Forty-seventh  general  assembly  of  the  state  of  Missouri,  entitled 
"An  act  to  provide  for  the  organization  of  consolidated  and  rural  high  schools,  and  to 
provide  state  aid  for  such  schools,  with  an  emergency  clause,"  do  hereby  petition  the 

county  superintendent  of county  to  visit  this  community,  to  investigate  the  needs 

of  the  community,  to  rrfkke  and  to  post  the  plats  of  a  consolidated  school  district  in 
this  community,  and  to  post  notices  of  a  special  school  meeting  to  vote  on  the  organiza- 
tion of  said  consolidated  school  district. 


Names. 


Names. 


FORM  OF  SPECIAL  SCHOOL  MEETING  NOTICE. 

In  accordance  with  the  provisions  of  an  act  of  the  Forty-seventh  general  assembly 
of  the  state  of  Missouri,  entitled  "An  act  to  provide  for  the  organization  of  consoli- 
dated schools  and  rural  high  schools,  and  to  provide  state  aid  for  such  schools,  with 
an  emergency  clause,"  notice  is  hereby  given  to  the  qualified  voters  of  proposed  con- 
solidated district  No. ,  county  of  ,  state  of  Missouri,  that  a  special  school 

meeting  of  said  proposed  consolidated  district  will  be  held  at  ,  on  ,  the  — 

day  of  ,   191 — ,   commencing  at  two  o'clock  p.  m.,   and  the  following  things  will  be 

considered : 

First :  To  organize  a  consolidated  school  district  in  this  community  with  bounda- 
ries as  laid  out  on  the  plats  posted. 

Second :  To  elect  six  school  directors  for  said  consolidated  school  district ;  two 
for  three  years,  two  for  two  years,  and  two  for  one  year. 

Done  this  the  day  of ,   191—. 

of  — 


County  Superintendent  of  Public  Schools. 


FORM  OF  NOTICE  OF  SPECIAL  SCHOOL  ELECTION. 


Notice  is  hereby  given  to  the  qualified  voters  of  consolidated  school  district  No.  1, 
county,  Missouri,   that  a  special  school  election  will  be  held  at  the  schoolhouse 

in  said  consolidated  school  district,  on  ,  the day  of ,  191—,  polls  opening 

at  7  a.  m.  and  closing  at  6  p.  m.,   to  vote  upon  the  following  propositions : 


94 


Revised  School  Laws. 


1.  To   authorize    the   school   board   to   issue   bonds   to   amount   of  thousand 

dollars    ($ ),    for  the  erection  of  a  central  school  building  and  the  purchase  of  a 

central  school  site. 

2.  To  select  acres  of  land  located  (describe  land)  -     —  as  a  school  site  for 

the  central  school  building. 

Done  by  order  of  the  school  board  this  —    —  day  of  ,   191—. 


Secretary  of  School  Board. 


THE  HIGH  SCHOOL  AID  LAW. 
(The  Wilson  High  School  Aid  Law,  1913.) 

AN  ACT  to  provide  state  aid  for  high  schools,  determining  the  amount  of  such  aid 'and 
defining  the  conditions  under  which  such  aid  may  be  obtained,  with  an  emergency 
clause. 


SECTION 

1.  State   aid   for  high   schools,    how  re- 

ceived. 

2.  Provisions   under  which   aid   may  be 

had. 


SECTION 

3.  Board  of  directors  to  make  statement 

of  amount  of  aid  entitled  to — county 
clerk  to  certify  list— duties  of  state 
superintendent. 

4.  Emergency. 


Section  1.     State   aid   for  high   schools,  how   received. — Any 

town,  city  or  consolidated  school  district  may  apply  for  state  aid 
to  maintain  a  high  school.  The  aid  granted  shall  be  eight  hundred 
dollars  ($800.00)  per  year  to  districts  whose  valuation  is  less 
than  three  hundred  thousand  dollars  ($300,000)  ;  six  hundred  dol- 
lars ($600.00)  per  year  to  districts  whose  valuation  is  three  hun- 
dred thousand  dollars  and  less  than  four  hundred  thousand  dollars 
($400,000) ;  four  hundred  dollars  ($400.00)  per  year  to  districts 
whose  valuation  is  four  hundred  thousand  dollars  and  less  than  six 
hundred  thousand  dollars  ($600,000) ;  two  hundred  dollars  ($200) 
per  year  to  districts  whose  valuation  is  six  hundred  thousand  dol- 
lars ($600,000)  or  more:  Provided,  that  a  district  in  order  to  re- 
ceive state  aid  shall  show  its  assessed  valuation,  that  it  is  organized 
as  a  town,  city  or  consolidated  school  district  and  has  six  school 
directors,  that  it  has  levied  for  school  purposes  (teachers  and  inci- 
dental expenses)  the  maximum  levy  provided  by  law,  that  it  main- 
tains an  approved  high  school  and  employs  a  competent  principal 
to  teach  in  said  high  school  and  to  supervise  the  elementary  school 
of  said  school  district,  that  it  pays  each  of  its  teachers  at  least 
forty  dollars  per  month,  that  it  admits  non-resident  pupils  to  said 
high  school  on  payment  of  a  reasonable  tuition  fee,  that  during  the 
past  year  the  daily  attendance  in  said  high  school  has  averaged 
fifteen  pupils,  that  it  gives  an  approved  course  of  at  least  one  year 
in  agriculture :  Provided  further,  that  in  no  case  shall  any  district 
receive  from  the  state  in  any  year  more  than  one-half  of  the 
amount  of  the  salary  paid  to  its  high  school  teachers  the  previous 
year.  It  is  also  further  provided  that  no  district  receiving  any 


Revised  School  Laws.  95 

other  form  of  special  high  school  aid  from  the  state  shall  be  en- 
titled to  aid  under  this  act. 

Sec.  2.  Provisions  under  which  aid  may  be  had. — Any  town, 
city  or  consolidated  school  district,  situated  in  any  county  in  which 
there  is  no  school  district  whose  assessed  valuation  is  more  than 
three  hundred  thousand  dollars  ($300,000)  may  apply  for  state  aid 
to  maintain  a  high  school.  A  district  making  application  for  state 
aid  under  this  section  shall  show  that  it  has  an  assessed  valuation 
of  less  than  three  hundred  thousand  dollars,  and  that  no  approved 
high  school  in  the  county  maintains  an  average  daily  attendance  of 
fifteen  pupils,  that  it  is  organized  as  a  town,  city  or  consolidated 
school  district  and  has  six  school  directors,  that  it  has  levied  for 
school  purposes  (teachers  and  incidental  expenses)  the  maximum 
levy  provided  by  law,  that  it  proposes  to  maintain  an  approved 
high  school  of  at  least  the  third  class  for  a  term  of  eight  months 
an,d  that  it  employs  a  competent  principal  to  teach  in  said  high 
school  and  supervise  the  elementary  school  of  said  district.  The 
state  hereby  grants  an  aid  of  eight  hundred  dollars  ($800.00)  per 
year  to  such  school  district.  But  it  is  further  provided  that,  if 
two  or  more  districts  in  the  same  county  apply  for  state  aid  under 
the  provisions  of  section  2  of  this  act,  the  district  that  first  files 
in  the  office  of  the  state  superintendent  of  public  schools  notice  of 
its  intention  to  apply  for  aid  under  this  act  shall  be  granted  the 
aid :  Provided,  that  on  or  before  June  30th,  following  the  filing  of 
the  notice  of  its  intention  to  apply  for  aid,  it  shows  that  it  has 
met  the  requirements  of  this  section:  Provided  further,  that  any 
district  receiving  aid  in  any  year  shall  be  regarded  as  the  first 
applicant  for  aid  the  succeeding  year  without  the  filing  of  a 
formal  notice.  It  is  further  provided  that  any  school  district  re- 
ceiving aid  under  the  provisions  of  this  act  shall  admit  non-resi- 
dents pupils  to  the  high  school  of  said  district  on  the  payment  of  a 
reasonable  tuition  fee.  Provided  further,  that  any  school  district 
receiving  state  aid  for  two  consecutive  years  and  then  during  any 
two  consecutive  years  thereafter  fails  to  maintain  an  average  daily 
attendance  of  fifteen  high  school  pupils,  shall  forfeit  its  right  to 
any  further  aid  for  a  period  of  five  years,  or  until  it  can  again 
show  an  average  daily  attendance  of  fifteen  high  school  pupils  for 
a  term  of  eight  months. 

Sec.  3.  Board  of  directors  to  make  statement  of  amount  of 
aid  entitled  to — county  clerk  to  certify  list— duties  of  state  superin- 
tendent.— The  board  of  directors  of  any  school  district  desiring  to 
avail  itself  of  the  state  aid  provided  for  under  this  act  shall  meet 
and  on  or  before  June  30th  furnish  to  the  county  clerk  evidence 
that  their  school  district  has  met  the  requirements  of  this  act,  and 
shall  make  a  statement  of  the  amount  of  aid  to  which  said  district 
is  entitled.  This  evidence  and  statement  shall  be  attested  by  the 
signatures  of  the  president  and  the  clerk  of  said  school  board  and 
sworn  to  before  a  notary  public  or  the  county  clerk.  It  shall  be  the 


96 


Revised  School  Laws. 


duty  of  the  county  clerk  on  or  before  July  15th  to  furnish  to  the 
state  superintendent  of  public  schools  a  list  of  all  the  districts  in 
his  county  making  application  for  state  aid  for  high  schools,  show- 
ing the  amount  estimated  for  each  school  district  and  the  total 
amount  for  the  county.  Before  apportioning  the  state  school 
funds,  the  state  superintendent  shall  set  aside  a  sum  equal  to  the 
total  of  all  the  applications  for  state  aid  called  for  by  all  the  coun- 
ties of  the  state,  after  which  he  shall  proceed  in  accordance  with 
section  10822  of  the  Revised  Statutes  of  Missouri,  1909,  and  of  the 
session  acts  of  1911 :  Provided,  that  the  amount  so  set  aside  shall 
in  no  one  year  exceed  five  per  cent,  of  the  total  state  school  funds. 
Should  the  total  application  [s]  for  aid  called  for  by  all  the  counties 
in  any  one  year  exceed  five  per  cent,  of  the  total  state  school  funds, 
then  the  state  superintendent  of  public  schools  shall  first  set 
aside  out  of  the  five  per  cent,  the  amount  of  aid  applied  for 
under  section  2  of  this  act  and  then  the  remainder  of  the  five  per 
cent,  of  said  state  school  funds  shall  be  distributed  pro  rata  among 
the  districts  applying  for  aid  under  section  1  of  this  act,  according 
to  the  amount  applied  for  by  each  district.  The  state  superintend- 
ent of  public  schools  shall  within  thirty  days  after  he  has  approved 
the  work  of  any  school  applying  for  aid,  certify  his  approval  to  the 
state  auditor,  who  shall  draw  a  warrant  on  the  state  treasurer  for 
the  amount  due  such  district  and  forward  said  amount  to  the 
county  clerk  of  the  proper  county,  and  the  county  clerk  shall  there- 
upon apportion  the  said  amount  to  the  proper  district  in  accord- 
ance with  the  application  on  file  in  his  office. 

Sec.  4.  Emergency. — On  account  of  the  high  schools  requir- 
ing immediate  aid,  an  emergency  is  created  within  the  meaning  of 
the  Constitution;  therefore,  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  approval. 


THE    TEACHER-TRAINING    COURSE    LAW. 
(The  Crossley  Teacher-Training  Course   Law,  1913.) 

AN  ACT  to  provide  for  teacher-training  courses  in  certain  high  schools  and  academies, 
and  to  provide  for  state  aid  to  high  schools  giving  such  teacher-training  courses, 
with  an  emergency  clause. 


SECTION 

1.  Teacher-training      courses— provisions 

for — what  grades. 

2.  State  aid— amount  of— payable  how- 

superintendent  to  make  report—  au- 
ditor to  send  amount  to  county 
clerk. 

3.  State  aid— when  more  than  one  high 

school— requirements    for. 

4.  Inspector  of  teacher-training—appoint- 

ment of— salary. 


SECTION 

5.  State  school  superintendent— duty  of— 

teacher-training  classes. 

6.  Examination    for   graduation— fee   for 

certificate— apportionment  of  fee- 
account  to  be  kept  by  state  school 
superintendent. 

7.  Certificate    of    graduation— issued    by 

whom— grades— fee. 

8.  Emergency. 


Revised  School  Laws.  97 

Section  1.  Teacher-training  courses — provisions  for — what 
grades. — For  the  purpose  of  increasing  the  facilities  for  training 
teachers  for  the  elementary  and  rural  public  schools,  by  requiring 
a  review  of  such  common  branches  as  may  be  deemed  essential  by 
the  state  superintendent  of  public  schools  and  for  instruction  in 
elementary  pedagogy,  including  the  art  of  teaching  elementary 
agriculture,  provision  is  hereby  made  for  teacher-training  courses 
in  the  eleventh  and  twelfth  grades  of  such  approved  first  class 
high  schools  as  the  state  superintendent  of  public  schools  may 
designate:  Provided,  that  such  high  schools  shall  be  selected  and 
distributed  with  regard  to  their  usefulness  in  supplying  trained 
teachers  for  the  elementary  schools  of  all  portions  of  the  state 
and  with  regard  to  the  number  of  teachers  required  for  the  elemen- 
tary schools  in  each  portion  of  the  state:  Provided,  that  private 
and  denominational  schools  be  eligible  to  the  provisions  of  this  act, 
except  as  to  receiving  state  aid. 

Sec.  2.  State  aid — amount  of — payable  how — superintendent 
to  make  report — auditor  to  send  amount  to  county  clerk. — Each 
public  high  school  approved  under  the  provisions  of  this  act  shall 
receive  state  aid  to  the  amount  of  seven  hundred  and  fifty  dollars 
($750.00)  per  annum,  payable  in  two  equal  installments  at  the 
close  of  each  semester  as  hereinafter  provided.  The  superintend- 
ent of  each  such  approved  high  school  shall  at  the  close  of  each  se- 
mester file  such  report  with  the  state  superintendent  of  public 
schools  as  said  officer  may  require.  Upon  receipt  of  a  satisfactory 
report  the  state  superintendent  of  public  schools  shall  certify  to  the 
state  auditor  the  amount  due  said  school  and  the  county  in  which 
said  school  is  situated,  and  shall  also  notify  the  county  clerk  of 
each  county  the  amount  due  any  school  in  his  county.  The  state 
auditor  shall  draw  a  warrant  on  the  state  treasurer  for  the  amount 
due  such  district  an,d  forward  said  amount  to  the  county  clerk  of 
the  proper  county  and  the  county  clerk  shall  thereupon  apportion 
said  amount  to  the  proper  district. 

Sec.  3.  State  aid — when  more  than  one  high  school — require- 
ments for. — It  is  provided  that  in  case  more  than  one  high  school 
in,  any  county  shall  be  approved  under  the  provisions  of  this  act 
the  total  state  aid  distributed  in  such  county  shall  not  exceed 
twelve  hundred  dollars  ($1,200.00),  to  be  divided  equally  among 
said  high  schools.  No  high  school  shall  be  approved  as  entitled 
to  state  aid  unless  a  class  of  ten  or  more  shall  have  been,  organized, 
maintained  and  instructed  during  the  preceding  semester  in  ac- 
cordance with  the  provisions  of  this  act  and  the  regulations  of  the 
state  superintendent  of  public  schools. 

Sec.  4.  Inspector  of  teacher-training — appointment  of — sal- 
ary.— The  appropriation  provided  for  by  this  act  for  the  instruc- 
tion of  pupils  in  the  science  and  practice  of  rural  school  teaching 


98  Revised  School  Laws. 

and  the  teaching  of  elementary  agriculture,  may  be  expended  in 
part  for  the  inspection  and  supervision  of  such  instruction  by  the 
state  superintendent  of  public  schools  and  by  such  person  as  he 
may  designate,  and  the  expense  of  such  inspection  and  supervision 
shall  be  paid  out  of  said  appropriation  on  vouchers  certified  by 
the  state  superintendent  of  public  schools.  In  accordance  with  the 
foregoing  provisions  of  this  section,  the  state  superintendent  of 
public  schools  is  authorized  to  appoint  an  inspector  of  teacher- 
training  in  high  schools  and  private  and  denominational  schools 
at  a  salary  of  not  to  exceed  two  thousand  two  hundred  dollars 
($2,200.00)  per  year,  and  the  necessary  traveling  expenses  while 
in  the  discharge  of  his  duties. 

Sec.  5.  State  school  superintendent — duty  of — teacher-train- 
ing classes. — The  state  superintendent  of  public  schools  shall  pre- 
scribe the  conditions  of  admission  to  the  teacher-training  classes, 
the  courses  of  instruction,  the  rules  and  regulations  under  which 
such  instruction  shall  be  given  and  the  requirements  for  gradua- 
tion subject  to  the  provisions  of  this  act. 

Sec.  6.  Examination  for  graduation — fee  for  certificate — ap- 
portionment of  fee — account  to  be  kept  by  state  school  superin- 
tendent.— In  each  high  school  approved  under  this  act,  an  examina- 
tion for  graduation  from  the  teacher-training  course  shall  be  con- 
ducted under  such  rules  as  the  state  superintendent  of  public 
schools  shall  prescribe.  Each  applicant  for  such  certificate  of 
graduation  shall  pay  a  fee  of  three  dollars  ($3.00)  to  the  super- 
intendent of  schools  of  the  county  in  which  said  applicant  is  at- 
tending high  school.  One  dollar  of  said  fee  shall  be  sent  by  said 
county  superintendent  to  the  state  superintendent  of  public  schools, 
to  be  used  to  pay  the  cost  of  reading  and  grading  the  answer  papers 
of  such  applicants  and  other  expenses  incident  to  such  examina- 
tions, one  dollar  shall  be  used  for  the  payment  of  the  expenses  of 
teachers*  associations,  and  one  dollar  shall  be  retained  by  the 
county  superintendent  for  compensation  for  such  work  as  the 
state  superintendent  of  public  schools  may  require  of  him  in  con- 
nection with  teacher-training  courses.  The  state  superintendent 
of  public  schools  shall  keep  an  accurate  account  of  all  moneys 
received  and  disbursed  by  him  in  carrying  out  the  provisions  of 
this  act.  Any  balance  remaining  in  said  fund  shall  be  turned  into 
the  general  revenue  fund  of  the  state  by  the  state  superintendent 
of  public  schools  on  the  first  day  of  September  of  each  calendar 
year. 

Sec.  7.  Certificate  of  graduation — issued  by  whom — grades — 
fee. — A  certificate  of  graduation  from  the  teacher-training  course 
provided  for  in  this  act  shall  be  issued  by  the  state  superintendent 
of  public  schools  and  shall  be  a  valid  license  to  teach  in  any  public 
elementary  or  rural  school  in  any  county  of  the  state  for  a  term 
of  two  years  on  registration  with  the  superintendent  of  schools 
of  the  county  in  which  the  applicant  is  employed  to  teach.  After 


Revised  School  Laws.  99 

thirty-two  weeks  of  successful  experience  and  one  term's  suc- 
cessful work  in  a  state  normal  school,  in  the  state  university,  or  in 
any  standard  college  or  university,  any  person  holding  a  teacher- 
training  certificate  issued  under  the  provisions  of  this  act  shall 
receive  a  first  grade  county  certificate.  On  request  of  the  super- 
intendent of  schools  of  the  county  under  whose  supervision  the 
applicant  may  have  taught,  accompanied  by  a  statement  that  the 
applicant  has  been  successful  as  a  teacher  and  by  a  certificate  show- 
ing that  the  work  prescribed  above  has  been  done,  the  state 
superintendent  of  public  schools  shall  certify  to  the  county  super- 
intendent the  grades  made  by  said  applicant,  and  upon  these  grades 
a  first  grade  certificate  shall  be  issued  to  the  applicant  by  the 
county  superintendent  on  the  payment  of  a  fee  of  one  dollar  and 
fifty  cents. 

Sec.  8.  Emergency. — On  account  of  the  immediate  need  of 
trained  teachers  for  the  rural  schools,  an  emergency  is  created 
within  the  meaning  of  the  Constitution;  therefore  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and  ap- 
proval. 

One  hundred  thousand  dollars  ($100,000.00)  was  appropriated  for  teacher-training 
courses  for  the  biennial  period  ending  December  31,  1914. 

More  than  sixty  first  class  high  schools  have  been  designated  as  teacher-training 
high  schools 

Sec.  10884.  Employment  of  members  of  board — publication 
of  financial  report. — No  member  of  any  public  school  board  of  any 
city,  town  or  village  in  this  state  having  less  than  twenty-five  thou- 
sand inhabitants  shall  hold  any  office  or  employment  of  profit  from 
said  board  while  a  member  thereof  except  the  secretary  and  treas- 
urer, who  may  receive  reasonable  compensation  for  their  services: 
Provided,  the  compensation,  of  the  secretary  shall  not  exceed  one 
hundred  and  fifty  dollars,  and  that  of  the  treasurer  shall  not 
exceed  fifty  dollars  for  any  one  year;  and  provided  further,  that 
it  shall  be  the  duty  of  each  of  said  boards,  and  of  the  boards  of 
directors  in  other  school  districts  in  this  state  having  graded 
schools,  to  make  and  publish,  annually,  on  or  before  the  15th  day 
of  July  in  each  year,  in  some  newspaper  published  in  such  school 
district,  and  if  there  be  no  newspaper  published  therein,  then  by 
written  statements  posted  in  five  public  places  in  such  districts,  a 
detailed  statement  of  all  receipts  of  school  moneys,  when  and  from 
what  source  derived,  and  of  all  expenditures,  and  on  what  account ; 
also,  the  present  indebtedness  of  the  district  and  its  nature,  and 
the  rate  of  taxation  for  all  school  purposes  for  the  year ;  which  said 
statement,  so  required  to  be  made  and  published,  shall  be  duly 
attested  by  the  president  and  secretary  of  the  board,  and  the  sec- 
retary shall  forward  a  copy  of  said  report  to  the  state  superintend- 
ent of  public  schools  at  Jefferson  City.  And  any  board  of  educa- 
tion or  board  of  directors  who  shall  fail,  refuse  or  neglect  to  order 
such  statement  to  be  made,  and  any  officer  of  said  board  who  shall 


100  Revised  School  Laws. 

fail,  refuse  or  neglect  to  prepare  such  statement  and  publish  and 
forward  the  same,  as  required  by  the  foregoing  provisions  of  this 
section,  when  ordered  by  such  board,  shall  be  guilty  of  a  mis- 
demeanor and  punishable  by  a  fine  not  to  exceed  one  hundred 
dollars.  (R.  S.  1899,  §  9879,  re-enacted,  L.  1909,  p.  770.) 

The  department  of  education  sends  out  a  blank  for  the  report  contemplated  by 
this  section.  Secretaries  of  school  boards  should  make  this  report  promptly  between 
the  1st  and  15th  days  of  July  in  each  year,  and  thus  avoid  unnecessary  correspondence. 

Sec.  10885.  Boards  may  accept  gifts  for  libraries. — The  board 
of  education  shall  have  power  to  accept  and  receive  gifts  and 
devises  for  the  erection  and  endowment  of  libraries  and  for  the 
purchase  of  books,  and  to  invest  the  same,  and  to  loan  such  endow- 
ment fund  upon  the  same  security  and  in  the  same  manner  as 
required  by  law  for  the  county  or  capital  school  fund.  (R.  S. 
1899,  §  9879,  re-enacted,  L.  1909,  p.  770.) 

A  note  of  donor,  payable  to  district  at  a  future  date,  is  ordinarily  not  a  valid  gift 
and  not  collectible,  but  when  the  district  has  made  large  expenditures  on  the  faith 
that  such  note  will  be  paid  before  executors  of  donor  repudiate  same,  it  can  be  col- 
lected. School  District  v.  Sheidley,  138  Mo.  672. 

Sec.  10886.  Depositories  of  school  moneys. — The  board  of 
education  of  city,  town  and  consolidated  school  districts  in  this 
state  shall  select  depositories  for  the  funds  of  such  school  district 
in  the  same  manner  as  is  provided  by  law  for  the  selection  of 
county  depositories;  and  they  may  loan  any  moneys  held  for  the 
payment  of  outstanding  bonds  upon  the  same  terms  and  upon  the 
same  conditions  as  provided  by  law  for  loaning  county  and  school 
moneys.  (R.  S.  1903,  p.  269,  re-enacted,  L.  1909,  p.  770.) 

Boards  of  education  should  observe  the  provisions  of  this  section.  The  interest 
paid  by  the  depository  makes  a  good  nucleus  for  a  library  fund. 

NEW  SECTIONS— SURRENDER  .OF   SPECIAL  SCHOOL  DIS- 
TRICT CHARTERS. 

Section  1.    May  be  governed  by  general  school  law,  how. — All 

school  districts  in  this  state  now  having  a  special  charter  may  sur- 
render such  special  charter,  and  become  a  school  district  under  and 
be  governed  by  general  school  laws  of  this  state,  and  more  par- 
ticularly chapter  106  Revised  Statutes  of  Missouri,  1909,  and 
amendments  thereto,  in  the  manner  hereinafter  provided. 

Sec.  2.  Special  election  to  determine  whether  special  charter 
shall  be  surrendered. — A  majority  of  the  school  directors  may,  and 
upon  the  petition  of  ten  (10)  assessed  tax  paying  citizens  they 
(the  school  directors)  shall,  within  ten  days  after  same  is 
filed  with  the  clerk  of  said  school  board,  call  a  special  election,  as 
hereafter  provided,  to  determine  whether  the  special  charter  shall 
be  surrendered. 

Sec.  3.  Notice  of  election. — The  school  board  shall  publish  a 
notice  of  said  election  in  some  newspaper  published  in  said  district 


Revised  School  H 


101 


in  the  following  manner;  if  a  daily  paper  for  seven  .sijeeetterve  days, 
and  if  a  weekly  newspaper  in  two  issues  thereof,  and  the  election 
shall  be  held  not  less  than  five  nor  more  than  ten  days  after  the 
last  insertion  of  said  notice  in  said  paper. 

Sec.  4.  Elections,  how  conducted. — Said  election  shall  be  held, 
judges  and  clerks  be  appointed,  and  in  every  other  respect  con- 
ducted, as  school  elections  are  now  held  in  said  special  school 
district. 

Sec.  5.  Ballot. — The  school  board  shall  furnish  the  ballots  for 
use  at  said  election  which  shall  be  in  the  following  form — 


SPECIAL  ELECTION. 


SCHOOL  DISTRICT. 


SHALL  THE   SPECIAL   CHARTER  BE   SURRENDERED. 
YES. 
NO. 

Sec.  6.  Result  of  election. — If  a  majority  of  those  voting  at 
said  election  shall  vote  in  favor  of  surrendering  the  special  charter, 
such  school  district  shall  thereafter  become  a  school  district  under 
and  be  governed  by  the  general  school  laws  of  this  state,  and  more 
particularly  chapter  106  Revised  Statutes  of  Missouri,  1909,  and 
amendments  thereto. 

Sec.  7.  Emergency. — There  being  a  number  of  school  dis- 
tricts which  desire  to  surrender  their  special  charters  and  there 
being  no  law  by  which  same  may  be  done,  creates  an  emergency 
within  the  meaning  of  the  Constitution  of  this  state,  and  requires 
that  this  act  shall  take  effect  immediately  upon  its  approval. 
Therefore,  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  approval.  (Session  Acts,  1913.) 


ARTICLE  V. 

LAWS  APPLICABLE  TO  CERTAIN  SCHOOL  DISTRICTS. 


SECTION 

10887.  Boards    may    loan     sinking    fund, 

when  and  how. 

10888.  Boards  in  certain  cities  to  purchase 

site,   when. 

10889.  Board   of   education  may  establish 

night  schools,    when. 

10890.  Districts  may  be   annexed   in   cer- 

tain cases. 

10891.  Id.    Procedure. 


SECTION 

10892.  Election    to    be    held— to    be    con- 

ducted,   how. 

10893.  Proceedings    if   proposition    to    an- 

nex carries. 

10894.  Maintenance  of  library. 

10895.  Delinquent,     dependent     and     neg- 

lected    children,     where     sent    to 
school. 


Sec.  10887.     Boards  may  loan  sinking  fund,  when  and  how. 

Whenever  any  school  district  in  any  county  in  this  state,  which  now 


102  Revised  School  Laws. 

has  or  hereafter  shall  adopt  township  organization,  shall  accumu- 
late a  sinking  fund  for  the  payment  of  district  indebtedness,  the 
board  of  directors  of  such  school  district  shall  have  the  power  to 
loan  such  sinking  fund  for  such  length  of  time  as  they  shall  deem 
proper,  such  time  not  to  extend  beyond  the  maturity  of  the  dis- 
trict's indebtedness.  Said  board  shall  not  loan  said  money  for  a 
less  rate  of  interest  than  four  per  cent,  per  annum,  nor  for  a  greater 
rate  than  eight  per  cent,  per  annum.  The  security  which  shall  be 
required  shall  be  unincumbered  real  estate  of  at  least  double  the 
value  of  the  amount  loaned,  and,  in  addition,  the  borrower  may,  if 
the  board  deem  it  necessary,  be  required  to  give  a  note  or  bond, 
with  one  or  more  solvent  sureties,  to  be  approved  by  the  board  of 
school  directors,  payable  to  the  school  district  making  the  loan; 
which  note  or  bond  shall  be  described  in  and  secured  by  the  deed 
of  trust  or  mortgage  on  the  real  estate  given  as  security.  (R.  S. 
1899,  §  9791,  amended,  L.  1909,  p.  770.) 

While  it  is  improper  to  loan  school  money  on  a  second  mortgage,   such  mortgage 
is  not  invalid.    Sharp  v.  Collins,  74  Mo.  266. 

Sec.  10888.     Boards  in  certain  cities  to  purchase  site,  when. 

In  all  such  school  districts  as  are  mentioned  in.  article  IV  of  this 
chapter  that  have  or  that  may  hereafter  have  a  population  exceed- 
ing five  thousand  and  not  exceeding  one  hundred  thousand  inhabit- 
ants, the  board  of  education  of  such  school  districts  shall  have  full 
power,  by  an  affirmative  vote  of  not  less  than  two-thirds  of  all  the 
members  of  such  board,  to  locate  and  direct  and  authorize  the 
purchase  of  sites  for  schoolhouses,  libraries,  school  offices  and 
public  parks  and  play  grounds  adjacent  to  the  schoolhouse  site  or 
elsewhere  in  said  school  district,  and,  by  a  like  vote,  to  direct  and 
authorize  the  sale  of  any  real  estate  or  other  property  belonging  to 
such  school  districts;  and  if  two-thirds  of  the  members  of  such 
board  shall  authorize  and  direct  the  sale  of  such  real  estate,  same 
shall  be  entered  of  record  by  the  secretary,  together  with  the 
terms  of  such  sale,  and  the  president  of  such  board  shall,  in  the 
name  of  such  board,  execute  the  necessary  deed  or  deeds  of  con- 
veyance to  the  purchaser  or  purchasers  thereof;  which  said  deeds 
of  conveyance  shall  be  by  him  acknowledged  as  other  deeds  con- 
veying real  estate  are  by  law  required  to  be  acknowledged.  All 
laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby  repealed. 
(Session  Acts,  1913.) 

Sec.  10889.  Board  of  education  may  establish  free  night 
schools,  when. — The  board  of  education  in  school  districts  organ- 
ized under  the  provisions  of  article  IV,  article  XII  or  article  XIII 
of  chapter  106  of  the  Revised  Statutes  of  1909,  upon  the  receipt 
of  a  petition  signed  by  fifty  or  more  freeholders  requesting  such 
action,  are  hereby  authorized  and  empowered  to  establish  and 
maintain  free  night  schools,  to  make  all  necessary  rules  and  regu- 
lations therefor,  to  fix  the  rates  for  tuition  of  pupils  above  the  age 
of  twenty  years  and  of  such  others  as  are  not  entitled  to  receive 


Revised  School  Laws.  103 

free  public  school  privileges  in  the  district  in  which  such  school  is 
maintained,  and  to  have  general  charge  and  control  over  such 
school:  Provided,  that  such  boards  of  education  may  grant  the 
use  of,  or  lease,  any  of  the  public  school  buildings  in  their  re- 
spective districts  to  any  responsible  party  or  parties  for  the  pur- 
pose of  conducting  a  free  night  school  therein :  Provided,  however, 
that  when  the  use  of  a  school  building  is  granted  or  leased  for  the 
above  named  purpose,  it  shall  be  the  duty  of  the  party  or  parties 
using  it  to  keep  it  clean  and  in  good  repair  and  to  leave  it  in  as 
good  condition  as  it  was  when  they  took  charge  of  it:  Provided 
further,  that  should  the  party  or  parties  so  using  the  said  school 
building  fail  to  comply  with  the  provisions  of  this  section,  the 
board  of  education  of  such  district  shall  refuse  them  further  use 
of  it  until  said  provisions  are  complied  with.  (Laws  1909,  p.  849.) 

Sec.  10890.    Districts    may    be    annexed    in    certain    cases. 

Whenever  a  city  school  district  now  having  or  which  may  hereafter 
attain  a  population  of  more  than  one  hundred  thousand  and  less 
than  three  hundred  thousand  inhabitants  shall  adjoin  a  city  school 
district  having  a  population  of  less  than  one  hundred  thousand  in- 
habitants, and  the  school  district  containing  the  larger  population 
shall  desire  to  extend  its  boundary  lines  so  as  to  embrace  the  terri- 
tory of  the  district  having  the  lesser  population,  together  with  the 
territory  which  may  be  attached  thereto  for  school  purposes,  such 
extension  may  be  accomplished  in  the  manner  hereinafter  in  sec- 
tions 10890  to  10895  prescribed.  (R.  S.  1899,  §  9952.) 

Sec.  10891.  Id.  Procedure.— The  board  of  directors  of  the 
district  having  the  greater  population  shall  adopt  a  resolution  ex- 
pressive of  the  desire  of  their  said  district  to  extend  its  limits  so  as 
to  embrace  the  territory  of  the  district  having  the  lesser  popula- 
tion, together  with  the  territory  which  may  be  attached  thereto 
for  school  purposes,  and  requesting  the  board  of  directors  of  such 
smaller  district  to  order  a  special  election  in  said  district  for  the 
purpose  of  submitting  to  the  qualified  voters  thereof  a  proposition 
for  such  extension,  and  shall  cause  to  be  delivered  to  the  president 
of  the  board  of  directors  of  such  smaller  district  a  copy  of  such 
resolution,  certified  by  the  secretary  of  the  board.  (R.  S.  1899, 
§  9953.) 

Sec.  10892.  Election  to  be  held — to  be  conducted,  how. — With- 
in thirty  days  after  the  delivery  of  a  copy  of  said  resolution  to 
such  president,  the  board  of  directors  of  such  smaller  district  shall, 
by  resolution,  order  a  special  election  to  be  held  in  such  district, 
at  which  shall  be  submitted  to  the  qualified  voters  of  the  district 
the  question  whether  said  district,  with  the  territory  attached 
thereto  for  school  purposes,  shall  be  annexed  to  and  become  a  part 
of  the  district  having  the  greater  population.  The  board  of 
directors  shall  by  such  resolution  fix  the  time  and  designate  the 
places  at  which  such  special  election  shall  be  held,  and  the  number 
of  the  places  so  designated  shall  not  be  less  than  one  in  each  city 


104  Revised  School  Laws. 

ward  in  the  district.  Printed  notices,  signed  by  the  president  and 
secretary  of  the  board,  stating  the  purpose  of  the  election,  and  the 
time  and  places  at  which  it  will  be  held,  shall  be  posted  in  at  least 
ten 'public  places  in  the  district  at  least  twenty  days  before  the 
day  of  election.  The  election  shall  begin  at  seven  o'clock  a.  m., 
and  close  at  six  o'clock  p.  m.  The  board  of  directors  shall  appoint 
three  judges  of  election  for  each  polling  place  and  the  judges  at 
each  polling  place  shall  appoint  two  clerks.  The  judges  and  clerks 
shall  be  sworn,  and  the  election,  except  as  herein  otherwise  pro- 
vided, shall  be  conducted  in.  the  same  manner  as  elections  under 
article  II,  chapter  43  of  the  Revised  Statutes  of  1909.  Should  such 
school  district  embrace  territory  not  included  in  the  limits  of  a 
city,  the  qualified  voters  thereof  may  vote  at  such  voting  precinct 
as  they  would  be  attached  to:  Provided,  the  lines  thereof  were 
extended  and  produced  through  such  adjoining  territory.  The 
voting  shall  be  by  ballot.  Those  voting  in  favor  of  such  annexa- 
tion shall  have  written  or  printed  on  the  ballots  "for  annexation;" 
and  those  voting  against  such  annexation  the  words  "against 
annexation."  The  ballots,  necessary  poll  books  and  one  ballot  box 
for  each  voting  place  shall  be  furnished  by  the  board  of  directors. 
Immediately  after  the  close  of  the  election  the  ballots  shall  be  count- 
ed, and  the  ballots,  after  being  counted,  shall  be  sealed  up  in  a  pack- 
age and  delivered  to  the  secretary  of  the  board  of  directors,  who 
shall  deposit  them  in  his  office,  where  they  shall  be  safely  preserved 
for  twelve  months,  and  said  secretary  shall  not  allow  the  same  to 
be  inspected  unless  in  case  of  a  contested  election  or  the  same 
become  necessary  to  be  used  in  evidence,  and  then  only  on  the  order 
of  the  proper  court  or  the  judge  thereof  in  vacation,  under  such 
restrictions  for  their  safe-keeping  or  return  as  the  court  or  judge 
making  the  order  may  deem  necessary;  and  at. the  end  of  twelve 
months  such  secretary  shall  publicly  destroy  the  same  by  burning. 
The  result  of  the  election  shall  be  certified  by  the  judges  and  clerks 
to  the  secretary  of  the  board  of  directors,  who  shall  report  the 
same  to  the  board,  which  shall  order  the  same  duly  entered  on  the 
records  in  which  are  preserved  the  minutes  of  the  proceedings  of 
the  board.  With  the  certificates  as  to  such  results,  the  judges 
shall  also  deliver  to  the  secretary  of  the  board  of  directors  the 
poll  books  and  the  ballot  boxes  used  at  such  special  election.  (R. 
S.  1899,  §  9954.) 

Sec.  10893.     Proceedings  if  proposition  to  annex  carries. — If 

at  such  election  a  majority  of  the  votes  cast  favor  such  annexation, 
the  board  of  directors  of  such  smaller  district  shall,  within  thirty 
days  after  the  election,  adopt  a  resolution  declaring  the  result  of 
the  election  to  be  in  favor  of  such  annexation,  and  deliver  to  the 
board  of  directors  of  the  larger  district  a  copy  of  such  resolution, 
whereupon  the  board  of  directors  of  the  larger  district  shall,  within 
fifteen  days  after  such  delivery,  adopt  a  resolution  declaring  that 
the  boundary  lines  of  such  larger  district  are  extended  so  as  to 
embrace  the  territory  of  such  smaller  district,  together  with  the 


Revised  School  Laws. 


105 


territory  which  may  have  been  attached  thereto  for  school  purposes. 
Upon  the  adoption  of  such  resolution,  such  extension  and  annex- 
ation shall  be  complete,  and  the  corporate  existence  of  such  smaller 
district  shall,  ipso  facto,  cease,  and  the  smaller  district,  together 
with  the  territory  which  may  have  been  attached  thereto  for  school 
purposes  become  annexed  to  and  be  a  part  of  such  larger  district, 
and  all  property  and  rights  of  every  kind  and  nature  belonging  to 
and  vested  in  such  smaller  district  shall,  by  operation  of  law,  at 
once  pass  to  and  vest  in  the  larger  district;  and  it  shall  be  the 
duty  of  all  officers  and  employes  of  such  smaller  district,  having1 
custody  or  control  thereof,  to  surrender  and  deliver  the  same  to 
such  larger  district,  and  the  larger  district  shall  also,  by  operation 
of  law,  become  liable  to  pay  all  the  debts  and  liabilities  of  such 
smaller  district.  (R.  S.  1899,  §  9955.) 

Sec.  10894.  Maintenance  of  library. — Should  there  be  in  such 
smaller  district  a  library  building,  and  a  library  established  therein, 
the  board  of  directors  of  the  larger  district,  after  such  annexation 
shall  have  been  accomplished,  shall  have  the  power,  if  they  shall 
deem  it  for  the  best  interests  of  the  district,  to  maintain  such 
building  and  library,  and  to  appropriate  to  its  support  and  mainte- 
nance such  sums  as  they  may  deem  proper.  (R.  S.  1899,  §  9956.) 

Sec.  10895.  Delinquent,  dependent  and  neglected  children, 
where  sent  to  school. — The  boards  of  managers  of  houses  of  refuge, 
houses  of  correction,  orphan  asylums,  or  any  public  institutions 
having  charge  of  delinquent  or  dependent  and  neglected  children, 
in  cities  now  having  or  which  may  hereafter  have  one  hundred 
thousand  inhabitants  or  over,  shall  have  power  to  arrange  with  the 
public  school  authorities  of  such  cities  for  the  education,  schooling, 
instruction  and  training  of  such  children.  (Laws  1905,  p.  301.) 


ARTICLE  VI. 

COMPULSORY  ATTENDANCE  OF  CHILDREN. 


SECTION 

10896.  Parents  and  guardians  required  to 

send  children  to  school. 

10897.  Child  may  be  excused  temporarily, 

when. 

10898.  Attendance  officers,   how  appointed 

—duties. 

10899.  Teachers  to  be  furnished  enumera- 

tion  list. 

10899a.  Superintendent     to     be     furnished 
names  of  parents  or  guardians  of 


SECTION 

children  not  complying  with  sec- 
tion 10896— superintendent  to  file 
same  with  prosecuting  attorney- 
prosecuting  attorney  to  proceed. 

10900.  Truant  or  parental  schools. 

10901.  Parents  and  guardians  to  be  warned 

—penalty. 

10902.  Public  notice  of  this  act  to  be  given. 
10905.    Violations  of  this  act,    how  prose- 
cuted. 


Sec.  10896.  Parents  and  guardians  required  to  send  children 
to  school. — Every  parent,  guardian  or  other  person  in  the  state  of 
Missouri  having  charge  and  control  of  a  child  between  the  ages  of 
eight  and  fourteen  years  shall  cause  such  child  to  attend  regularly 
some  day  school,  public,  private,  parochial  or  parish  not  less  than 


106  Revised  School  Laws. 

three-fourths  of  the  entire  time  the  school  which  said  child  attends 
is  in  session,  or  shall  provide  such  child  at  home  with  such  regular 
daily  instruction  during  the  usual  hours  as  shall  be,  in  the  judgment 
of  a  court  having  competent  jurisdiction,  substantially  equivalent  at 
least  to  the  instruction  given  children  of  like  age  at  said  day  school 
in  the  locality  in  which  the  child  resides:  Provided,  that  every 
parent,  guardian  or  person  in  the  state  of  Missouri  having  charge 
and  control  of  a  child  between  the  ages  of  fourteen  and  sixteen 
years,  who  is  not  actually  and  regularly  and  lawfully  engaged  in 
some  useful  employment  or  service,  shall  cause  said  child  to  attend 
regularly  some  day  school  as  aforesaid.  (Laws  1905,  p.  146, 
amended,  L.  1909,  p.  847.) 

Sec.  10897.     Child    may    be  excused    temporarily,    when. — A 

child  between  the  ages  aforesaid  may  be  excused  temporarily  from 
complying  with  the  provisions  of  sections  10896  to  10905,  inclusive, 
in  whole  or  in  part,  if  it  can  be  shown  to  the  satisfaction  of  a  court 
of  competent  jurisdiction  that  said  parent,  or  guardian,  or  person 
having  charge  or  control  of  said  child,  is  not  able,  through  extreme 
destitution,  to  provide  or  obtain  in  any  way  proper  clothing  for 
said  child ;  or  that  said  child  is  mentally  or  physically  incapacitated 
to  attend  school  for  the  whole  period  required,  or  any  part  thereof, 
or  that  there  is  no  public  school  taught  within  two  and  one-half 
miles  of  the  residence  of  said  child  by  the  nearest  traveled  road,  or 
that  said  child  has  completed  the  common  school  course  as  pre- 
scribed by  constituted  authority,  or  its  equivalent,  and  has  received 
a  certificate  of  graduation  therefrom."  (Session  Acts,  1911.) 

Sec.  10898.     Attendance  officers,  how  appointed — duties. — The 

board  having  charge  of  a  public  school  in  a  city  or  district  of  one 
thousand  or  more  population  by  the  last  census  shall  appoint  and 
remove  at  pleasure  one  or  more  attendance  officers  to  enforce  the 
provisions  of  sections  10896  to  10905  inclusive,  and  shall  fix  the 
compensation  and  manner  of  performance  of  the  duties  of  said  at- 
tendance officer,  and  shall  pay  them  from  the  public  school  fund ;  and 
the  attendance  officer,  as  aforesaid,  shall  serve  written  or  printed 
notices  upon  the  parents,  or  guardians,  or  persons  who,  having 
charge  and  control  of  children  as  aforesaid,  violate  the  provisions 
of  said  sections;  shall,  when  reasonable  doubt  exists  as  to  the  age 
of  such  child,  require  a  properly  attested  birth  certificate  or  an 
affidavit  stating  such  child's  age,  date  of  birth  and  physical  char- 
acteristics; shall  have  the  right  to  visit  and  enter  any  office  or 
factory  or  business  house  employing  children  as  aforesaid;  shall 
have  the  right  to  require  a  properly  attested  certificate  of  the  at- 
tendance of  any  child  or  children  at  such  day  school ;  shall  have 
power  to  arrest,  without  warrant,  all  truants  non-attendants  as 
aforesaid  and  place  them  in  some  public  school,  unless  the  parents 
or  guardians,  or  persons  in  charge  and  control  of  such  children, 
respectively,  shall  at  once  place  them  in  some  other  day  school  as 
aforesaid;  and  shall  serve  the  legal  notices  and  subpoenas  of  the 


Revised  School  Laws.  107 

court  and  make  such  required  arrests  in  the  cases  which  they 
prosecute  without  further  fee  or  compensation  than  that  paid  by 
the  board,  as  aforesaid,  and  shall  carry  into  effect  such  other  regu- 
lation as  may  lawfully  be  required  by  the  board  appointing  them. 
(Laws  1905,  p.  146,  amended,  L.  1909,  p.  847.) 

Sec.  10899.     Teachers  to  be  furnished  enumeration  list. — It 

shall  be  the  duty  of  the  secretary  of  the  board  in  city,  town  and 
village  schools,  and  of  the  clerk  of  the  board  in  other  districts,  to 
furnish  the  teacher  at  the  beginning  of  the  term  with  a  copy  of 
the  last  enumeration  of  the  district.  The  teacher  shall  compare  this 
list  with  the  enrollment  and  report  to  the  attendance  officer  at  the 
end  of  each  week  during  the  first  month,  and  as  often  thereafter 
as  necessary,  the  names  of  all  non-attendants  between  the  ages  of 
eight  and  sixteen.  (Laws  1909,  p.  847.) 

Sec.  10899a.  Superintendent  to  be  furnished  names  of  parents 
or  guardians  of  children  not  complying  with  section  10896 — superin- 
tendent to  file  same  with  prosecuting  attorney — prosecuting  at- 
torney to  proceed. — It  shall  be  the  duty  of  the  secretary  of  board 
in  city,  town  or  village  schools,  and  of  the  clerks  of  the  board  in 
other  districts,  to  file  with  the  county  superintendent  on  or  before 
the  end  of  each  of  the  first  three  quarters  of  any  school  term  the 
names  of  parents,  guardian  or  other  persons  having  control  of  chil- 
dren in  his  district  who  are  not  complying  with  the  provisions  of 
section  10896  of  this  article.  The  county  superintendent  shall  im- 
mediately make  an  investigation  and  if  he  finds  that  the  parents, 
guardians  or  other  persons  having  charge  of  such  children  are 
carelessly  and  negligently  refusing  to  comply  with  section  10896 
of  this  article  he  shall  file  with  the  prosecuting  attorney  such  in- 
formation as  he  may  possess  touching  upon  this  question.  The 
prosecuting  attorney  shall  proceed  as  in  any  misdemeanor  case. 
(Session  Acts,  1911.) 

Sec.  10900.  Truant  or  parental  schools. — The  board  having 
charge  of  the  public  schools  of  any  district  now  having,  or  which 
may  hereafter  have,  10,000  inhabitants  or  more,  may  establish  and 
maintain  from  the  public  school  funds  one  or  more  special  truant 
or  parental  schools  in  ^such  city  or  district  for  children  who  are 
either  habitual  truants  from  any  day  school  in  which  they  are 
enrolled  as  pupils,  or  who,  while  in  attendance  at  any  school  are 
incorrigible,  vicious,  or  immoral,  or  who  habitually  wander  or  loiter 
about  the  streets  or  roads,  or  other  public  places  without  lawful 
employment,  or  who,  in  the  opinion  of  such  board  or  of  its  superin- 
tendent of  instruction,  require  special  attention  and  instruction; 
all  such  children  may  by  said  school  board,  through  its  officers,  be 
assigned  to  and  required  and  compelled  to  attend  such  special 
truant  or  parental  school,  or  any  department  of  the  graded  schools 
as  such  board  may  direct;  and  any  such  board  of  education  may 
also  establish  and  maintain  from  the  public  school  funds,  either 
within  or  without  its  district,  a  parental  school  for  the  care  and 


108  Revised  School  Laws. 

education  of  any  child  resident  of  said  school  district  adjudged  to 
be  a  delinquent  and  committed  to  it  by  any  court  of  competent 
jurisdiction  therein:  Provided,  however,  that  for  every  such  de- 
linquent child  thus  committed  to  such  school  there  shall  be  paid 
to  such  board  of  education  out  of  the  treasury  of  said  city  or 
county  the  sum  of  ten.  ($10.00)  dollars  per  month  for  the  support, 
maintenance,  clothing  and  other  expenses  of  such  child  from  the 
time  of  its  entrance  into  said  school  until  its  discharge  therefrom. 
(Session  Acts,  1911.) 

Sec.  10901.     Parents  and  guardians  to  be  warned — penalty. 

Any  parent  or  guardian  or  person  who,  having  charge  and  control 
of  a  child  between  the  ages  of  eight  and  sixteen  years,  violates  any 
provisions  of  section  10896  to  10905,  inclusive,  shall  be  warned  as 
aforesaid  as  soon  as  possible  after  the  beginning  of  the  public 
school  term  of  the  city  or  town  district  in  which  such  child  resides, 
and  also  at  any  time  thereafter,  by  the  attendance  officer  herein 
provided  for,  or  by  clerk  of  district  when  no  attendance  officer  is 
provided  for,  to  place  and  keep  said  child  in  regular  attendance  at 
some  day  school  within  ten  days  from  the  service  of  said  written 
or  printed  notice  of  warning,  and  upon  failure  to  comply  with  said 
sections  after  a  lapse  of  ten  days  from  the  date  of  the  service  of 
said  notice  of  warning,  said  parent  or  guardian,  or  person  having 
charge  and  control  of  said  child  shall  be  deemed  guilty  of  a  misde- 
meanor and,  upon  conviction  thereof,  shall  pay  a  fine  of  not  less 
than  ten  dollars  and  not  more  than  twenty-five  dollars,  or  be  im- 
prisoned for  not  less  than  two  days  and  not  more  than  ten  days, 
or  both  such  fine  and  imprisonment :  Provided,  that  said  sentence 
of  fine  or  imprisonment,  or  both,  may  be  suspended  and  finally 
remitted  by  the  court  with  or  without  the  payment  of  costs  at  the 
discretion  of  the  court  if  the  said  child  be  immediately  placed  and 
kept  in  regular  attendance  in  some  day  school  as  aforesaid,  and 
if  such  fact  of  regular  attendance  is  proven  subsequently  to  the 
satisfaction  of  said  court  by  a  properly  attested  certificate  of 
attendance  by  the  superintendent  or  teacher  of  said  day  school. 
(Laws  1905,  p.  146.) 

This  law   is   constitutional   and   can  be   enforced.     Several   convictions   have   been 
secured  under  this  law.     School  officers  should  see  that  the  law  is  enforced. 

Sec.  10902.  Public  notice  of  this  act  to  be  given. — Every 
board  having  charge  of  the  public  schools  of  any  city  or  town,  or 
district  in  the  state  of  Missouri  shall,  each  year,  publish  a  synopsis 
of  sections  10896  to  10905,  inclusive,  ten  days  prior  to  the  opening 
of  school  in  a  newspaper  published  in  the  city  or  town  district  in 
which  the  members  thereof  reside,  or  shall  post  copies  thereof  in 
five  or  more  public  places  in  the  district  as  will  in  their  judgment 
best  give  knowledge  thereof.  (Laws  1905,  p.  146.) 

Sec.  10905.  Violations  of  this  act,  how  prosecuted. — Prosecu- 
tions under  sections  10896  to  10905  shall  be  brought  in  the  name 
of  the  state  of  Missouri,  before  any  court  of  record  having  compe- 


Revised  School  Laws.  109 

tent  jurisdiction  in  cities  having  fifty  thousand  population  or  more, 
and  before  any  court  having  competent  jurisdiction  in  other  dis- 
tricts, and  the  fines  collected  shall  be  paid  over  to  the  county  treas- 
urer and  be  credited  to  the  permanent  school  fund  of  the  county 
or  city.  (Laws  1905,  p.  146.) 

The  following  notice  should  be  posted  in  five  public  places  ten  days  before  school 
opens  each  year.  Printed  notices  will  be  supplied  by  state  superintendent  to  county 
superintendents : 

NOTICE  TO  PARENTS  AND  GUARDIANS. 

PROVISIONS    OF    COMPULSORY    ATTENDANCE    LAW. 

Article  6,  chapter  108,   R.  S.  1909  and  Session  Acts,  1911. 

•    1.    Every  child  between  8  and  14  years  old  must  attend  some  day  school  at  least 
three-fourths  of  the  term  each  year. 

2.  Every  child  between  14  and  16  years  old,    when  not  regularly  employed,    must 
attend  some  day  school  at  least  three-fourths  of  the  term  each  year. 

3.  No  child  can  be  excused  on  promise  to  attend;  he  must  attend  the  first  three- 
fourths  of  the  term  before  being  excused  under  this  law. 

4.  Courts  having  jurisdiction   (justice  of  the  peace  in  rural  districts  and  in  cities 
having   less   than   50,000  population)    may   excuse    children   from   attending   school   for 
following  reasons:     (1)   Parents  cannot  supply  proper  clothing;    (2)   child  is  mentally 
or  physically  unable  to  attend;    (3)    no  public  school  in  two  and  a  half  miles  of  the 
home;   (4)  child  has  completed  the  common  school  course. 

5.  No    child   under   14    can    be    employed    except   at    agricultural   pursuits   and   in 
domestic  service  unless  excused  for  one  of  the   four  reasons,    or  has  statement  from 
teacher  that  he  has  already  attended  three-fourths  of  the  term  for  that  school  year; 
no  child  between  14  and  16  can  be  legally  employed  without  an  employment  certificate 
issued  by  the  school   authorities. 

6.  It  is  the  duty  of  attendance  officers  and  district  clerks  to  notify  parents  and 
guardians  when  children  fail  to  comply  with  the  provisions  of  the  law. 

7.  The  secretary  or  clerk  of  board  must  furnish  principal  or  teacher  at  beginning 
of   term  with   copy  of  enumeration.     The  principal   or  teacher  must  compare  the  list 
with  enrollment  and  report  at  the  end  of  each  week  during  the  first  month,   and  as 
often  as  necessary  after  that,   the  names  of  nonattendants. 

8.  The  clerk  or  secretary  of  board  must  report  to  the  county  superintendent  on 
or  before  the  end  of  each  of  the  first  three  quarters  of  the  school  term  the  names  of 
parents  or  guardians  of  nonattendants. 

9.  The  penalty  for  nonattendance  falls  on  parent  or  guardian,    and  is  a  fine  of 
not  more  than  $25  or  imprisonment  for  10  days,   or  both. 

10.  For  illegal  employment  of  a  child,    the  employer  is  subject  -to  a  fine  of  on« 
hundred  dollars  and  costs  and  imprisonment  for  one  year. 

11.  Every   school   board   shall   publish   this  synopsis  in   newspaper  of  the  district 
or  post  it  in  at  least  five  public  places  ten  days  before  school  opens  each  year. 


110 


Revised  School  Laws. 


ARTICLE  VII. 

STATE   SUPERINTENDENT. 


SECTION 

10918.  State    superintendent— election    and 

term  of  office. 

10919.  Bond  and  qualification. 

10920.  Powers   and   duties. 

10921.  May  employ  chief  clerk. 

10922.  Annual    report    of    state    superin- 

tendent—shall inspect  schools. 


SECTION 

10923.  Classification  of  high  schools— work 

to  be  accredited. 

10924.  High  school  inspection  by  state  su- 

perintendent. 

10925.  Blanks   for   reports. 

10926.  Restrictions  and  penalties. 

10927.  Reports  to  state  superintendent. 

10928.  Disposition  of  reports. 


Sec.  10918.     State  superintendent — election  and  term  of  office. 

There  shall  be  elected  by  the  qualified  voters  of  this  state,  at  the 
next  general  election  for  state  and  county  officers,  and  every  four 
years  thereafter,  a  state  superintendent  of  public  schools,  who 
shall  enter  upon  the  discharge  of  his  duties  on  the  second  Monday 
of  January  next  following  his  election,  and  hold  his  office  for  the 
term  of  four  years  and  until  his  successor  is  elected  and  qualified. 
The  election  of  said  superintendent  and  the  returns  thereof  shall 
be  the  same  in.  all  respects  as  provided  for  the  election  of  other 
state  officers;  and  in  case  of  vacancy  occurring  in  said  office,  by 
death,  resignation  or  otherwise,  the  governor  shall  fill  the  same 
by  appointment,  who  shall  hold  his  office  until  the  next  general 
election.  (R.  S.  1899,  §  9854,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10919.  Bond  and  qualification. — Before  entering  upon 
the  discharge  of  his  official  duties,  the  said  superintendent  shall 
give  bond  in  the  penal  sum  of  ten  thousand  dollars  to  the  state 
of  Missouri,  with  two  or  more  sureties, 'to  the  acceptance  of  the 
secretary  of  state,  conditioned  that  he  will  truly  account  for  and 
apply  all  moneys  or  other  property  which  may  come  into  his  hands, 
in  his  official  capacity,  for  the  use  and  benefit  of  public  schools,  and 
that  he  will  faithfully  perform  the  duties  enjoined  upon  him  by 
law;  and  he  shall  take  and  subscribe  the  oath  or  affirmation  re- 
quired by  the  Constitution  of  the  state,  and  diligently  and  faith- 
fully discharge  the  duties  of  his  office  as  prescribed  by  law;  which 
bond,  with  certificate  endorsed  thereon,  shall  be  filed  with  the  secre- 
tary of  state.  (R.  S.  1899,  §  9855,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10920.  Powers  and  duties. — He  shall  reside  and  the 
books  and  papers  of  his  department  shall  be  kept  at  the  seat  of 
government,  where  a  suitable  office  shall  be  provided  by  the  state, 
at  which  he  shall  give  his  attendance  when  not  absent  on  public 
business.  He  shall  exercise  such  supervision  over  the  educational 
funds  of  the  state  as  may  be  necessary  to  secure  their  safety  and 
correct  application  and  distribution  according  to  law.  He  shall 
also  have  power  to  require  of  county  clerks  or  treasurers,  boards  of 
education  or  other  school  officers,  recorders  and  treasurers  (boards 


Revised  School  Laws.  Ill 

of  education  or  other  school  officers,  recorders  and  treasurers),  of 
cities,  towns  and  villages,  copies  of  all  records  by  them  required  to 
be  made,  and  all  such  other  information  in  relation  to  the  funds 
and  condition  of  schools  and  the  management  thereof  as  may  be 
deemed  important;  and  he  shall  cause  as  many  copies  of  the  law 
relating  to  schools,  with  instructions  for  carrying  into  execution  of 
such  laws,  to  be  printed  in,  a  separate  volume  and  distributed  to 
each  county  in  the  state,  for  the  use  of  school  officers  therein,  and 
all  the  blanks  that  may  be  necessary  for  the  supply  of  all  officers 
provided  for  by  this  chapter,  as  often  as  any  change  in.  said  laws 
may  be  made  of  sufficient  importance,  in  the  opinion  of  the  super- 
intendent, to  require  re-publication  and  distribution  thereof;  and 
all  moneys  necessarily  expended  in  performance  of  the  duties  re- 
quired in  this  section  shall  be  allowed  by  the  auditor  and  paid  out 
of  the  state  treasury.  He  shall  also  have  authority  to  examine 
teachers  and  grant  certificates  of  qualifications  to  those  who  pass  a 
satisfactory  examination,  but  the  applicant  shall  not  be  charged 
any  fee  for  such  examination  or  certificate,  nor  shall  the  state 
superintendent  receive  any  fee  or  compensation  therefor;  and  any 
person  holding  such  certificate  from  him  shall  be  permitted  to  teach 
without  further  examination  from  other  authorized  examiners. 
Said  certificate  may  be  revoked  by  the  state  superintendent  for  in- 
competency,  cruelty,  immorality,  drunkenness  or  neglect  of  duty. 
(R.  S.  1899,  §  9856,  re-enacted,  L.  1909,  p.  770.) 

The  instructions  for  carrying  into  effect  the  school  laws  prepared  by  state  super- 
intendent of  schools  under  the  provisions  of  this  section  are  not  binding  on  the  courts, 
but  when  such  instructions  are  practical  they  have  great  weight  with  the  courts  in 
determining  the  true  meaning  of  the  law.  State  ex  rel.  v.  Job,  205  Mo.  1. 

Sec.  10921.  May  employ  chief  clerk — salary. — The  state 
superintendent  shall  be  entitled  to  employ  a  chief  clerk,  who  shall 
sustain  the  same  relations  to  the  state  superintendent  as  are  sus- 
tained by  the  chief  clerks  of  other  state  officers.  The  chief  clerk 
shall  perform  such  clerical  and  other  work  as  may  be  directed  by 
the  state  superintendent,  and  shall  hold  his  office  at  the  pleasure 
of  the  state  superintendent,  and  shall  receive  a  salary  of  two  thou- 
sand dollars  per  annum.  (R.  S.  1899,  §  9857,  re-enacted,  L.  1909, 
p.  770.) 

By  an  act  of  the  forty-sixth  general  assembly  the  salary  of  the  chief  clerk  was 
raised  to  $2,400  per  annum. 

Sec.  10922.  Annual  report  of  state  superintendent — shall  in- 
spect schools. — It  shall  be  the  duty  of  said  superintendent  of  public 
schools  to  make  an  annual  report  on  or  before  the  first  Wedriesday 
in  January,  in  each  and  every  year,  to  the  general  assembly,  when 
that  body  shall  be  in  session  any  such  year;  and  when  not  in  ses- 
sion any  one  year,  then  the  report  shall  be  made  to  the  governor, 
who  shall  cause  the  same  to  be  published,  and  shall  also  communi- 
cate a  copy  thereof  to  the  next  general  assembly.  The  state  super- 
intendent, in  the  annual  report  of  his  labors  and  observations,  shall 
present  a  statement  of  the  condition  and  amount  of  all  funds  and 


112  Revised  School  Laws. 

property  appropriated  for  purposes  of  education;  a  statement  of 
the  number  of  public  schools  in  the  state,  the  number  of  pupils  at- 
tending such  schools,  their  sex,  and  the  branches  taught;  a  state- 
ment of  the  number  of  teachers  employed,  their  sex,  the  average 
amount  of  wages  paid  to  such  teachers,  statistics  showing  the 
amount  of  professional  training  had  by  teachers  in  the  schools  of 
the  state ;  a  statement  of  the  estimates  and  accounts  of  the  expendi- 
tures of  public  school  funds  of  every  description;  a  statement  of 
plans  for  the  management  and  improvement  of  public  schools,  and 
such  other  information  relative  to  the  educational  interests  of  the 
state  as  he  may  deem  important.  He  shall,  in  person  or  by  deputy, 
confer  with  and  advise  county  officers  on  all  matters  pertaining  to 
the  school  law  and  school  directors,  and  all  other  school  officers, 
teachers  and  patrons  of  the  public  schools.  He  shall  have  power, 
in  person  or  by  deputy,  to  visit  and  inspect  schools,  and  make  sug- 
gestions in  regard  to  the  subject  matter  and  methods  of  instruction 
offered,  the  control  and  government  of  the  school,  and  the  care  and 
keeping  of  all  school  property.  He  shall  have  power  to  attend  and 
assist  in  meetings  of  teachers,  directors  or  patrons,  and  to  in  every 
way  elevate  the  standard  and  efficiency  of  the  instruction  given  in 
the  public  schools  of  the  state.  All  moneys  reasonably  expended  in 
the  execution  of  these  duties,  as  prescribed  by  this  section,  shall, 
upon,  due  proof,  be  allowed  by  the  auditor,  and  paid  out  of  the 
state  treasury:  Provided,  that  no  personal  expenses  be  included 
in  the  above  allowance.  (R.  S.  1899,  §  9958,  amended,  L.  1909, 
p.  770.) 

Sec.  10923.  Classification  of  high  schools — work  to  be  ac- 
credited.— The  state  superintendent  of  public  schools  shall  have 
authority  to  classify  the  public  high  schools  in  the  state  into  first, 
second  and  third  classes,  and  shall  prescribe  minimum  courses  of 
study  for  each  class :  Provided,  that  no  school  shall  be  classed  as 
a  high  school  of  the  first  class  which  does  not  maintain  a  four  years' 
course  of  standard  work  in  English,  mathematics,  science  and 
history  for  a  term  of  at  least  nine  months  in  the  year,  and  which 
does  not  employ  the  entire  time  of  at  least  three  approved  teachers 
in  high  school  work;  that  no  school  shall  be  classed  as  a  high 
school  of  the  second  class  which  does  not  maintain  a  three  years' 
course  of  standard  work  in  English,  mathematics,  science  and 
history  for  a  term  of  at  least  nine  months  in  the  year,  and  which 
does  not  employ  the  entire  time  of  at  least  two  approved  teachers  in 
high  school  work ;  that  no  school  shall  be  classed  as  a  high  school  of 
the  third  class  which  does  not  maintain  a  two  years'  course  of  stand- 
ard work  in  English,  mathematics,  science  and  history  for  a  term 
of  at  least  eight  months  in  the  year,  and  which  does  not  employ 
the  entire  time  of  at  least  one  approved  teacher  in  high  school 
work.  All  work  completed  in.  an  accredited  high  school  shall  be 
given  full  credit  in  requirements  for  entrance  to  and  classification 
in  any  educational  institution  supported  in  whole  or  in  part  by 


Revised  School  Laws.  113 

state  appropriations.  (Laws  1903,  p.  264,  re-enacted,  L.  1909,  p. 
770.) 

Sec.  10924.     High  school  inspection  by  state  superintendent. 

For  the  purpose  of  classifying  high  schools  and  having  their  work 
accredited  by  higher  educational  institutions,  the  state  superin- 
tendent of  public  schools  shall,  in  person  or  by  deputy,  inspect  and 
examine  any  high  school  making  application  for  classification,  and 
he  shall  prescribe  rules  and  regulations  governing  such  inspections 
and  examinations,  and  keep  complete  record  of  all  inspections,  ex- 
aminations and  recommendations  made.  He  shall,  from  time  to 
time,  publish  lists  of  classified  high  schools:  Provided,  he  may 
drop  any  school  in  its  classification  if,  on  reinspection  or  re-ex- 
amination, he  finds  that  such  school  does  not  maintain  the  required 
standard  of  excellence.  (Laws  1903,  p.  265,  re-enacted,  L.  1909, 
p.  770.) 

Sec.  10925.  Blanks  for  reports,— The  blanks  for  the  reports 
required  to  be  made  by  the  various  school  officers  under  the  pro- 
visions of  this  chapter  shall  be  printed  under  the  direction  of  the 
commissioners  of  public  printing,  in  the  form  prescribed  by  the 
state  superintendent  of  public  schools,  to  be  paid  for  in  like  man- 
ner and  upon  the  same  terms  as  other  public  printing.  (R.  S. 
1899,  §  9853,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10926.  Restrictions  and  penalties. — The  state  superin- 
tendent shall  not  act  as  agent  for  any  author,  publisher  or  book- 
seller, or  manufacturer  or  vendor  of  school  furniture  or  apparatus, 
nor  directly  or  indirectly  receive  any  gift,  emolument,  reward,  or 
promise  of  reward,  for  his  influence  in  recommending  or  procuring 
the  use  of  any  text-book,  school  apparatus  or  furniture  of  any  kind 
whatever  in  any  public  school.  Any  superintendent  who  shall  vio- 
late the  provisions  of  this  section  shall  be  guilty  of  a  felony,  and 
shall,  upon  conviction  thereof,  be  punished  by  imprisonment  in  the 
penitentiary  for  a  period  of  not  less  than  two  years ;  and  the  pro- 
visions of  this  section  shall  apply  to  county  superintendents.  (R. 
S.  1899,  §  9859,  amended,  L.  1909,  p.  770.) 

Sec.  10927.  Reports  to  state  superintendent  of  schools. — The 
curators  of  the  state  university,  the  trustees  of  other  state  institu- 
tions for  the  purposes  of  education,  and  others  having  authority, 
and  being  required  by  law  so  to  do,  except  the  Missouri  school  for 
the  blind,  and  the  school  for  the  deaf,  shall  report  to  the  state 
superintendent  of  public  schools  on  or  before  the  31st  day  of 
August  of  each  year,  concerning  the  condition,  improvements  and 
necessities  of  said  institutions,  which  report  shall  be  published  as 
a  part  of  the  state  superintendent's  annual  report.  (R.  S.  1899,  § 
7723.) 

Sec.  10928.  Disposition  of  reports. — Fifty  copies  of  such  re- 
port shall  be  reserved  for  the  use  of  each  public  institution  so  re- 
porting, and  ten  copies  shall  be  bound  in  suitable  manner  and  pre- 
served in  the  state  library.  (R.  S.  1899,  §  7724.) 


114 


Revised  School  Laws. 


ARTICLE  VIII. 

COUNTY  SUPERINTENDENTS. 


SECTION 

10929.  County   superintendent— eligibility- 

term  of  office. 

10930.  Election    returns,     how    certified— 

duty  of  county  clerk. 

10931.  Superintendent  to   take  oath,    give 

bond— keep  office,    where. 

10932.  Superintendent's  powers  and  duties. 

10933.  Public  meetings— course  of  study- 

grade  schools,   etc. 


SECTION 

10934.  County   teacl  ars'    associations. 

10935.  Make   statistical   report  annually— 

shall  require  report  from  teachers. 

10936.  County    superintendent    to    furnish 

blanks  to  school  officers. 

10937.  Superintendent    shall    not    teach— 

must  study  rural  school  problems 
and  supervision. 

10938.  Salary. 


Sec.  10929.  County  superintendents — qualifications — term  of 
office. — There  is  hereby  created  the  office  of  county  superintendent 
of  public  schools  in  each  and  every  county  in  the  state.  The  quali- 
fied voters  of  the  county  shall  elect  said  county  school  superintend- 
ent at  the  annual  district  school  meetings  held  on  the  first  Tuesday 
in  April,  1911,  and  every  four  years  thereafter.  Said  superintend- 
ent shall  be  at  least  twenty-four  years  old,  a  citizen  of  the  county, 
shall  have  taught  or  supervised  schools  as  his  chief  work  during  at 
least  two  of  the  four  years  next  preceding  his  election  or  appoint- 
ment, or  shall  have  spent  the  two  years  next  preceding  his  election 
or  appointment  as  a  regular  student  in  a  normal  school,  college  or 
university,  and  shall  at  the  time  of  his  election  hold  a  diploma 
from  one  of  the  state  normal  schools  or  teachers'  college  of  the 
state  university,  or  shall  hold  a  state  certificate,  authorizing  him 
to  teach  in  the  public  schools  of  Missouri,  or  shall  hold  a  first  grade 
county  certificate,  authorizing  him  to  teach  in  the  county  of  which 
he  is  superintendent.  The  person  elected  county  school  commis- 
sioner or  county  school  superintendent  at  the  annual  school  meet- 
ing, held  the  first  Tuesday  in  April,  1909,  or  his  successor,  shall, 
during  the  month  of  August,  1909,  qualify  under  this  article  as 
county  superintendent  of  public  schools,  and  shall  serve  as  such 
until  the  first  Tuesday  in  April  1911,  and  until  his  successor  is 
elected  and  qualified;  and  the  qualifications  prescribed  for  the 
county  school  commissioner  at  the  time  of  the  annual  school  meet- 
ing, the  first  Tuesday  in  April,  1909,  shall  be  the  qualifications  for 
the  county  superintendent  of  public  schools  until  the  first  Tues- 
day in  April,  1911.  Said  county  superintendent  of  public  schools  shall 
hold  his  office  for  four  years  and  until  his  successor  is  elected  and 
qualified ;  and  all  vacancies,  caused  by  death,  resignation,  refusal  to 
serve  or  removal  from  the  county,  shall  be  filled  by  the  governor  by 
appointment  for  the  unexpired  term;  the  county  superintendent 
shall  turn  over  all  books,  papers,  certificates,  stub  books  and  rec- 
ords in  his  possession  to  his  successor.  Wherever  the  term,  "county 
commissioner,"  or,  "county  board  of  education,"  is  used  in  the 
statutes,  it  shall  be  construed  to  mean,  county  superintendent  of 
public  schools.  (Session  Acts,  1911.) 


Revised  School  Laws.  115 

Sec.  10930.  Election  returns,  how  certified — duty  of  county 
clerk. — At  least  ten  days  before  the  annual  school  meeting  in  any 
year  when  a  county  superintendent  of  public  schools  is  to  be  elected, 
the  clerk  of  the  county  court  shall  mail  by  registered  letter  to  the 
president  or  clerk  of  the  board  of  school  directors  of  the  various 
districts  of  the  county  a  tally  sheet  of  sufficient  size  to  contain  the 
names  of  all  the  qualified  voters  of  such  districts,  which  tally  sheets 
shall,  so  far  as  practical,  conform  to  the  form  of  poll  books  set  out 
in  section  5809  of  article  2  of  chapter  43  of  the  Revised  Statutes  of 
Missouri,  1909,  relating  to  general  elections,  and  in  making  the 
returns  of  such  election,  the  tally  sheets  shall  be  certified  by  the 
chairman  and  secretary  of  such  annual  school  meeting  and  attested 
by  the  members  of  the  board  of  directors  of  the  district,  who  may 
be  present.  The  voting  for  county  superintendent  shall  be  by 
ballot  and  all  ballots  cast  shall  be  counted  for  the  persons  for  whom 
cast,  and  it  is  hereby  made  the  duty  of  the  members  of  the  board 
of  directors  and  the  chairman  and  secretary  of  the  annual  school 
meeting  to  see  that  each  ballot  so  cast  is  counted  for  the  person 
receiving  the  same,  and  it  is  hereby  made  the  duty  of  the  chair- 
man of  the  annual  school  meeting,  within  two  days  after  such  meet- 
ing, to  transmit  the  tally  sheets  and  all  ballots,  in  person  or  by 
registered  letter,  to  the  clerk  of  the  county  court;  such  ballots  to 
be  in  a  sealed  package,  separate  and  apart  from  such  tally  sheets, 
such  package  being  properly  designated.  It  shall  be  the  duty  of 
the  county  clerk,  within  five  days  after  the  annual  school  meeting, 
to  call  to  his  assistance  two  justices  of  the  peace  or  two  qualified 
voters  of  the  county,  and  cast  up  the  vote  and  issue  a  commission 
to  the  person  receiving  the  highest  number  of  votes,  for  which 
commission  he  shall  receive  a  fee  of  one  dollar  to  be  paid  by  the 
person  commissioned.  A  tie  vote  shall  cause  a  vacancy  in  the 
office  of  county  superintendent,  which  shall  be  filled  by  appointment 
by  the  governor,  and  the  person  so  appointed  shall  hold  such  office 
till  the  next  annual  school  meeting  and  until  his  successor  is  elected 
and  qualified.  In  case  a  school  district  is  divided  by  a  county  line, 
the  county  clerk  shall  transmit  to  the  president  or  clerk  of  the 
board  of  directors  of  such  districts  two  sets  of  tally  sheets,  and 
the  voters  residing  on  each  side  of  the  line  shall  vote  separately  and 
returns  shall  be  made  to  each  county  as  herein  provided.  For  trans- 
mitting the  returns  of  such  election,  the  chairman  of  the  annual 
meeting  shall  receive  the  sum  of  one  dollar  to  [be]  paid  out  of  the 
incidental  fund  of  the  district.  The  provisions  of  this  act  shall, 
so  far  as  practical,  apply  to  village  and  city  elections  so  far  as 
affects  the  election  of  county  superintendent  of  public  schools  and 
so  far  as  not  conflicting  with  existing  laws,  which  are  sufficient  to 
safeguard  such  elections.  Any  person,  upon  whom  there  is  imposed 
an  official  duty  by  this  act,  and  who  shall  violate  any  of  the  pro- 
visions herein,  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 


116  Revised  School  Laws. 

the  county  jail  not  less  than  thirty  days  nor  more  than  six  months 
or  by  both  such  fine  and  imprisonment.     (Session  Acts,  1911.) 

Sec.  10931.  Superintendent  to  take  oath,  give  bond — keep  office, 
where — county  court  to  furnish  supplies. — Before  entering  upon 
the  duties  of  his  office,  the  county  superintendent  shall  take  and 
subscribe  an  oath  to  discharge  faithfully  and  impartially  the  duties 
of  his  office ;  he  shall  give  bond  in  double  the  amount  of  his  salary, 
conditioned  upon  the  faithful  performance  of  his  official  duties,  and 
the  proper  application  and  care  of  all  moneys,  books,  records, 
papers,  furniture  and  other  property  in  his  possession  or  under  his 
control,  with  two  or  more  sureties,  who  are  resident  freeholders 
and  accepted  by  the  county  court  or  by  the  county  clerk  in  vacation. 
He  shall  keep  his  office  at  the  county  seat,  or  at  some  other  place 
in  the  county  where  a  court  of  record  is  held,  and  the  county  court, 
by  order  of  record,  shall  designate  where  the  superintendent  shall 
keep  his  office,  and  for  this  purpose  the  county  court  shall  supply 
him  with  a  suitable  room,  properly  furnished,  wherein  all  records, 
books,  papers,  furniture  and  other  property  thereto  belonging  shall 
be  securely  kept;  and  at  the  expiration  of  his  term  of  office  he  shall 
turn  the  same  over  to  his  successor  in  good  condition;  and  said 
county  court  shall  supply  the  superintendent  with  all  necessary 
record  books,  stationery  and  postage  stamps  for  properly  conduct- 
ing the  business  of  his  office,  and  shall  allow  all  necessary  printing 
of  notices  and  circulars  of  information,  the  same  to  be  paid  for  by 
warrant  drawn  upon  the  county  treasurer. 

The  county  superintendent  is  primarily  a  "field  man,"  but  he  should  have  fixed 
office  days  when  directors,  patrons  and  teachers  may  easily  find  and  consult  him.  He 
should  keep  accurate  account  of  all  expenditures,  so  that  the  county  court  may  act 
intelligently  in  passing  upon  them.  The  court  cannot  under  the  law  refuse  to  allow 
"necessary"  expenses. 

The  county  court  should  make  an  order  of  record  stating  where  the  superintendent 
is  to  have  his  office,  whether  at  the  county  seat  or  elsewhere. 

Sec.  10932.  Superintendent's  powers  and  duties. — The  county 
superintendent  shall  have  general  supervision  over  all  the  schools 
of  his  county,  except  in  city,  town  and  village  school  districts  em- 
ploying a  superintendent  who  devotes  at  least  one-half  of  his  time 
to  the  direct  work  of  supervision.  He  shall  visit  each  school  under 
his  jurisdiction  at  least  once  each  year,  and  as  many  other  times 
as  practicable;  he  shall  examine  the  classification  of  pupils,  the 
methods  of  instruction,  the  manner  of  discipline,  the  order  main- 
tained, the  results  secured,  and  make  such  suggestions  to  teachers 
and  school  boards  as  he  may  deem  advisable ;  he  shall  inspect  the 
ventilation,  note  the  condition  of  the  building,  furniture,  apparatus, 
grounds  and  appurtenances  thereto  belonging,  and  report  the  same 
to  the  board  in  writing,  with  such  suggestions  as  he  may  consider 
necessary  to  the  health,  comfort  and  progress  of  the  pupils;  he 
shall  examine  the  teacher's  register  and  the  district  clerk's  record 
and  see  that  they  are  kept  according  to  law ;  he  shall  furnish  annu- 
ally statements  to  the  district  clerks  showing  the  assessed  valua- 


Revised  School  Laws.  117 

tion  of  their  respective  districts ;  he  shall  receive,  and,  if  properly 
made,  approve  estimates  and  enumeration  lists  and  turn  same  over 
to  the  county  clerk;  he  shall  assist  the  district  clerks,  when,  neces- 
sary, in  making  their  reports,  and  see  that  all  warrants  have  been 
duly  issued  "by  order  of  the  board,"  either  for  services  actually 
rendered  or  for  material  actually  furnished. 

Note.— That  part  of  this  section  which  requires  the  superintendent  "to  receive, 
and  if  properly  made,  approve  estimates  and  enumeration  lists,"  seems  to  be  repealed 
by  sections  10790  and  10791,  requiring  the  enumeration  lists  and  estimates  to  be  for- 
warded to  county  clerk,  said  last-named  sections  having  been  passed  and  approved 
several  weeks  after  this  section  was  enacted.  (See  sections  10790  and  10791.)  It  will, 
however,  be  a  matter  of  prudence  for  the  superintendent  to  visit  county  clerk's  office, 
examine  and  endorse  his  written  approval  on  estimates  and  enumeration  lists  when 
he  finds  them  properly  made. 

When  an  estimate  is  incorrect,  it  may  be  withdrawn  from  county  clerk's  office 
before  action  is  taken  thereon  and  a  corrected  estimate  filed  in  lieu  thereof,  on  jvhich 
taxes  may  be  assessed  and  extended.  (This  gives  superintendent  an  opportunity  to  see 
that  proper  estimates  are  filed.)  State  ex  rel.  v.  Phipps,  148  Mo.  31. 

This  section  provides  that  the  superintendent  "shall  receive  and  approve"  estimates 
and  enumeration  lists  and  turn  same  over  to  county  clerk.  Sections  10790  and  10791 
require  these  statements  to  be  filed  with  the  county  clerk,  who  seems  to  have  prior 
authority.  See  note  under  section  10790.  The  superintendent  should  consult  with  the 
county  clerk  and  follow  his  wishes  in  the  matter. 

Sec.  10933.     Public  meetings — course  of  study — grade  schools 
— system  of  graduation  and  examination — guard  school  moneys. 

The  county  superintendent  shall  hold  annually  not  fewer  than  six 
public  meetings  at  different  points  in  the  county  for  the  purpose  of 
discussing  educational  questions,  interpreting  the  school  law, 
counseling  with  teachers  and  school  officers,  and  promoting  the 
cause  of  education  among  the  people.  One  of  these  meetings  shall 
be  held  at  the  county  seat  just  prior  to  the  opening  of  the  fall 
term  of  school,  and  shall  be  of  two  days'  duration.  It  shall  be  the 
duty  of  directors  and  teachers  to  attend  meetings  called  by  him 
when  such  attendance  does  not  interfere  with  their  school  duties. 
He  shall  adopt  a  course  of  study  and  a  plan  for  grading  the  schools 
of  his  county,  and  forward  three  copies  to  the  state  superintendent 
of  public  schools,  one  copy  to  each  district  clerk  and  one  copy  to 
each  teacher  employed  in  the  county,  and  require  the  same  to  be 
followed  as  nearly  as  practicable.  He  shall  inaugurate  and  main- 
tain a  system  of  final  examinations  and  graduation  of  pupils  who 
complete  the  state  course  of  study  for  rural  schools.  He  shall  ex- 
amine the  records  of  the  county,  so  far  as  they  relate  to  school 
funds  and  school  moneys,  see  that  the  law  is  strictly  observed,  and 
shall  be  present  at  the  August  term  of  the  county  court,  to  give 
such  information  as  may  be  of  importance  to  said  court  in  the 
transaction  of  all  business  pertaining  to  the  school  interests  of  the 
county ;  and  the  instruction  of  the  state  superintendent  shall  be  his 
guide  in  the  interpretation  and  execution  of  the  law. 

The  association,  provided  for  in  section  10934,  is  not  one  of  the  six  meetings  pro- 
vided for  in  this  section, 


118  Revised  School  Laws. 

Sec.  10934.  County  teachers'  associations. — The  county 
superintendent  may  organize  county  teachers'  association,  which 
shall  hold  a  three  days'  meeting  on  the  last  three  days  of  some  week 
in  September,  October,  November  or  December  of  each  year.  He 
shall  arrange  a  program  of  exercises  and  secure  the  services  of  some 
one  specially  prepared  to  lecture  on  pedagogical  subjects.  It  shall 
be  the  duty  of  the  teacher  to  attend  all  such  meetings;  and  when 
a  certificate  of  attendance  and  faithful  performance  of  duty  signed 
by  the  county  superintendent  is  filed  with  the  district  clerk,  the 
first  three  days  when  school  is  taught  thereon  shall  constitute  the 
school  week.  The  expenses  of  such  association,  including  the  ex- 
penses of  a  lecturer,  shall  be  paid  out  of  the  thirty  per  cent,  of  the 
fees  provided  for  in  section  10940. 

All  arrangements  for  this  association  are  in  the  hands  of  the  county  superin- 
tendent. Neither  he  nor  any  school  board  has  the  authority  to  excuse  a  teacher  from 
attendance  upon  one  of  these  meetings. 

Sec.  10935.  Make  statistical  report  annually — shall  require 
report  from  teachers. — It  shall  be  the  duty  of  said  superintendent, 
under  the  direction  of  the  state  superintendent,  to  condense 
and  return  to  the  office  of  the  state  superintendent  of 
public  schools,  on  or  before  the  thirty-first  day  of  August  of  each 
year,  the  educational  statistics  of  the  county ;  see  that  the  directors 
and  other  school  officers  are  supplied  with  copies  of  the  school  law 
and  the  necessary  blanks  for  making  the  various  reports  required, 
and  perform  such  other  duties  as  may  be  required  by  the  state 
superintendent.  He  shall  require  of  each  teacher  under  his  super- 
vision a  term  report,  giving  name,  classification  and  grades  of  each 
pupil:  Provided,  that  in  schools  employing  more  than  one  teacher 
the  term  report  for  the  entire  school  shall  be  prepared  and  filed  by 
the  principal  in  charge.  No  teacher  shall  receive  the  last  month's 
salary  until  he  presents  a  receipt  for  the  term  report,  signed  by 
the  county  superintendent. 

Much  depends  upon  every  teacher  filing  the  term  report  with  the  county  superin- 
tendent. This  section  should  be  strictly  observed. 

Statistics,  to  be  of  any  value,  should  be  accurate.  County  superintendents  should 
require  carefully  prepared  reports  from  district  clerks,  and  should  cast  up  the  total 
for  the  state  superintendent  with  great  exactness. 

Sec.  10936.  County  superintendent  to  furnish  blanks  to  school 
officers. — All  necessary  blanks  required  by  school  officers  shall  be 
furnished  by  the  state  superintendent  to  the  county  superintendent, 
who  shall  immediately,  upon  the  receipt  of  the  same,  supply  the 
clerk  of  each  district  in  their  respective  counties  with  the  same,  the 
form  of  such  blanks  to  be  determined  and  indicated  by  the  state 
superintendent  as  provided  by  law;  and  all  necessary  expenses  in- 
curred by  the  superintendent  for  postage  and  stationery  in  supply- 
ing the  districts  of  his  county  with  blanks,  laws,  reports  and  cir- 
culars of  information,  shall  be  paid  for  annually  out  of  the  county 
treasury,  upon  an  order  from  the  county  court,  based  upon  an  item- 


Revised  School  Laws.  119 

ized  statement  of  the  superintendent,  accompanied  by  correspond- 
ing vouchers. 

Blanks  provided  for  under  this  section  are  sent  out  by  the  state  superintendent  in 
January  or  February  of  each  year.  County  superintendents  should  not  delay  in  sending 
them  out  so  that  they  may  be  in  the  hands  of  the  district  clerks  early  in  the  year. 

Sec.  10937.  Superintendent  shall  not  teach — must  study  rural 
school  problems  and  supervision. — During  his  term  of  office  the 
county  superintendent  shall  not  engage  in  teaching  or  in  any  other 
employment  that  interferes  with  the  duties  of  his  office  as  pre- 
scribed by  law.  He  shall  spend  annually,  studying  rural  school 
problems  and  supervision  of  schools,  five  days  in  conventions  called 
by  the  state  superintendent  of  public  schools,  or  twenty  days  in 
the  state  university  or  in  one  of  the  state  normal  schools,  or  in 
some  other  manner  approved  by  the  state  superintendent.  He 
shall  not  receive  his  salary  for  the  third  quarter  of  the  year  until 
he  presents  a  certificate,  signed  by  the  state  superintendent,  stating 
that  he  has  spent  the  period  prescribed  by  law  in  studying  rural 
school  problems  and  supervision  of  schools,  and  that  his  report  as 
county  superintendent  of  public  schools  has  been  properly  made  to 
the  state  superintendent  of  public  schools. 

This  section  allows  the  state  superintendent  to  fix  the  time  and  place  of  the  county 
superintendents'  convention. 

The  county  superintendent  cannot  teach  in  any  school,  public  or  private.  He 
cannot  conduct  review  schools.  Such  action  is  a  plain  violation  of  the  law.  He  must 
devote  his  entire  time  to  the  duties  of  his  office  as  here  prescribed.  An  ouster  suit 
in  the  nature  of  quo  warranto  will  lie  against  the  superintendent  violating  this  act. 

Sec.  10938.  Salary. — The  county  superintendent  shall  be  al- 
lowed an  annual  salary,  to  be  paid  out  of  the  county  treasury,  as 
follows :  In  counties  having  less  than  twelve  thousand  population, 
he  shall  receive  seven  hundred  dollars;  in  counties  having  twelve 
thousand  population  and  less  than  fifteen  thousand,  he  shall  receive 
eight  hundred  dollars;  in  counties  having  fifteen  thousand  popu- 
lation and  less  than  eighteen  thousand,  he  shall  receive  nine  hun- 
dred dollars;  in  counties  having  eighteen  thousand  population  and 
less  than  twenty-one  thousand,  he  shall  receive  one  thousand  dol- 
lars; in  counties  having  twenty-one  thousand  population  and  less 
than  twenty-four  thousand,  he  shall  receive  eleven  hundred  dollars ; 
in  counties  having  twenty-four  thousand  population  and  less  than 
twenty-seven  thousand,  he  shall  receive  twelve  hundred  dollars;  in 
counties  having  twenty-seven  thousand  population  and  less  than 
thirty  thousand,  he  shall  receive  thirteen  hundred  dollars ;  in  coun- 
ties having  thirty  thousand  population  and  less  than  fifty  thousand, 
he  shall  receive  fourteen  hundred  dollars;  in  counties  having  fifty 
thousand  population  or  more,  he  shall  receive  fifteen  hundred  dol- 
lars; of  which  the  state  of  Missouri  shall  appropriate  annually  out 
of  the  general  revenue  fund  of  the  state  of  Missouri  four  hundred 
dollars  to  each  and  every  county.  At  each  regular  term  of  the 
county  court,  said  court  shall  order  a  warrant  in  favor  of  the 


120  Revised  School  Laws. 

county  superintendent  for  the  proportional  amount  of  his  annual 
salary  then  due  under  this  section;  and  the  same  shall  be  paid  by 
the  county  treasurer  out  of  the  county  revenue  fund. 

The  county  superintendent  must  look  to  the  county  for.  his  entire  salary,  which 
is  to  be  paid  "by  the  county  treasurer  out  of  the  county  revenue  fund."  Each  county 
receives  $400  annually  from  the  state  to  apply  OR  this  salary,  but  the  amount  goes  into 
the  county  treasury,  and  the  superintendent  should  receive  a  warrant  from  the  county 
court  for  the  whole  amount  due  him.  He  is  not  dependent  on  the  state  appropriation, 
which  is  made  to  the  county  and  not  to  him. 

For  finding  the  population  of  a  county  in  order  to  determine  the  salary  of  the 
superintendent  of  such  county,  see  section  10719. 

THE  TAYLOR  SCHOOL  BOARD  CONVENTION  LAW,  1913. 

Section  1.  County  school  superintendent  to  call  meetings, 
when — to  provide  place  of  meeting — for  what  purpose. — That  it 
shall  be  the  duty  of  the  county  superintendent  of  public  schools  to 
call  together  once  each  school  year,  at  the  county  seat  or  some 
other  suitable  place  in  the  county,  the  presidents  of  the  school 
boards  and  the  clerks  of  the  school  districts  of  the  county,  for  the 
consideration  an.d  discussion  of  questions  pertaining  to  school 
administration. 

Sec.  2.  Officers  of  school  district  shall  attend  meetings — com- 
pensation.— It  shall  be  the  duty  of  every  president  of  a  school  board 
and  of  every  clerk  of  a  school  district  in  the  several  counties  to  at- 
tend the  meeting  of  school  officers  called  by  the  county  superintend- 
ent of  public  schools  for  the  purpose  of  considering  and  discussing 
questions  pertaining  to  school  administration;  and  each  school 
officer  attending  such  meeting  shall  receive  compensation  at  the 
rate  of  one  dollar  an.d  fifty  cents  per  diem  and  mileage  at  the  rate 
of  five  cents  per  mile  for  the  number  of  miles  necessary  to  be 
traveled  in  going  from  the  schoolhouse  of  his  district  to  the  place 
of  meeting,  same  to  be  paid  out  of  the  incidental  fund  of  his  dis- 
trict: Provided,  that  no  allowance  shall  be  made  for  more  than 
two  days  in  any  school  year:  Provided  further,  that  in  case  of 
the  inability  of  either  the  president  of  the  board  or  the 
clerk  of  the  district  to  attend  such  meeting,  the  school  board  shall 
appoint  another  member  or  some  other  person  to  represent  the 
district  in  place  of  said  president  of  the  board  or  clerk  of  the  dis- 
trict. Upon  presentation  of  a  certificate  signed  by  the  county 
superintendent  of  public  schools,  the  board  shall  order  warrants 
drawn  in  favor  of  the  school  officers  or  other  representatives  of  the 
board  who  attended  said  meeting  in  accordance  with  the  provisions 
of  this  section, 


Revised  School  Laws. 


121 


ARTICLES  IX. 
SCHOOLS:     Teachers'  Certificates— How  Obtained  or  Revoked. 


SECTION 

10939.  County    superintendents    to    grant 

certificates  —  public  examinations 
held,  when— grades  and  qualifica- 
tions. 

10940.  Grading  of  examination  papers  by 

state  superintendent  of  public 
schools. 

10941.  Qualifications  necessary  for  certifi- 

cates. 

10942.  Renewal  of  certificates. 

10943.  County   superintendent  to   pass   on 

morality  of  applicants— to  keep 
grades  and  record  of  certificates- 
may  endorse  certificate  from  ad- 
joining county. 

10944.  Applicants  to  pay  fee— fees  received 

to  be  used  to  pay  expenses— super- 


SECTION 

intendent  to  make  annual  state- 
ment of  fees  collected  and  ex- 
pended. 

10945.  Revocation  of  certificate. 

10946.  State  board  to  outline  work  of  in- 

stitutes and  summer  schools  for 
colored  teachers— tuition  fee. 

10947.  Grades  at  summer  terms  of  state 

educational  institutions  to  be  re- 
ceived—grades to  become  void, 
when. 

10948.  Complimentary     certificates,      etc., 

prohibited. 

10949.  Law  not  to  apply  to  cities  of  75,000 

or  over. 


Section  10939.     County  superintendents  to  grant  certificates — 
public  examinations  held,  when — grades  and  qualifications. — The 

county  superintendent  of  public  schools  shall  have  authority  to  ex- 
amine teachers  and  grant  certificates  of  qualification  to  teach  in 
their  respective  counties  or  in,  the  state.  Three  public  examinations 
of  two  days  each  shall  be  held  during  the  year  on  the  first  Friday 
and  the  succeeding  Saturday  in  March,  June  and  August,  at  such 
place  or  places  in  the  county  as  the  county  superintendent  of 
schools  may  designate.  Said  examinations  shall  be  conducted  by 
said  county  superintendent  of  public  schools,  or  by  some  one  duly 
authorized  by  him  to  conduct  them.  All  questions  given  in  said 
examinations  shall  be  prepared  and  furnished  by  the  state  superin- 
tendent of  public  schools.  Certificates  issued  by  said  county  super- 
intendent of  public  schools  shall  be  of  three  grades:  Third  grade 
shall  be  valid  for  one  year  and  second  grade  for  two  years  in  the 
county  for  which  they  are  issued,  and  first  grade  for  three  years 
in  the  state.  Third  grade  certificates  shall  be  granted  to  applicants 
who  are  of  good  moral  character  and  who  shall  pass  satisfactory 
examinations  upon  the  following  branches :  Spelling,  reading,  pen- 
manship, language  lessons,  geography,  arithmetic  (including  busi- 
ness forms  and  rules),  English  grammar,  United  States  history, 
civil  government  (including  the  government  of  Missouri),  physi- 
ology and  hygiene,  with  special  reference  to  the  effect  of  alcoholic 
drinks  and  stimulants  and  narcotics  generally  upon  the  human 
system,  agriculture,  and  pedagogy.  Second  grade  certificates  shall 
be  granted  to  applicants  who  are  of  good  moral  character  and  who 
shall  pass  satisfactory  examinations  upon,  the  branches  herein- 
before mentioned,  and  in  addition  thereto,  algebra  and  literature. 
First  grade  certificates  shall  be  granted  to  applicants  who  are  gf 


122  Revised  School  Laws. 

good  moral  character  and  who  shall  pass  satisfactory  examinations 
upon  all  the  branches  hereinbefore  mentioned,  and  in  addition  there- 
to one  branch  of  history,  either  ancient,  mediaeval  or  modern,  or 
English,  and  one  branch  of  science,  either  physical  geography, 
physics,  or  elementary  biology:  Provided,  that  in  addition  to  the 
above  named  scholastic  requirements  each  applicant  who  has  had 
four  months'  experience  in  teaching  shall  be  graded  by  the  county 
superintendent  on  the  following  professional  qualities:  Teaching 
ability  and  management.  Each  applicant  shall  be  graded  on  these 
professional  qualities  at  the  time  of  each  renewal  of  certificate  and 
each  issue  of  a  new  certificate:  Provided,  that  to  obtain  a  first 
grade  certificate  each  applicant  shall  have  had  eight  months'  ex- 
perience in,  teaching  and  shall  maintain  an  average  grade  of  90  per 
cent  on  the  above  named  scholastic  requirements,  together  with  the 
above  named  professional  requirements;  to  obtain  a  second  grade 
certificate  an  average  grade  of  85  per  cent  on  the  aforesaid  require- 
ments; to  obtain,  a  third  grade  certificate  an  average  grade  of  80 
per  cent  on  aforesaid  requirements,  but  no  certificate  shall  be 
granted  to  any  person  whose  grade  in  any  subject  falls  below  sixty 
per  cent :  Provided,  that  the  county  super intenen.t  of  public  schools 
shall  have  authority  to  prepare  questions,  conduct  examinations, 
grade  papers  and  issue  certificates  to  applicants  who  for  good  and 
sufficient  reasons  could  n.ot  attend  the  last  regular  examination. 
Said  applicants  to  conform  to  all  requirements  for  that  grade  county 
certificate.  Said  certificate  to  be  good  only  until  the  end  of  the 
school  year  in  which  it  is  issued,  and  the  papers  written  on  said 
examination  to  be  filed  by  said  county  superintendent  of  schools  in 
his  office  where  they  shall  be  kept  for  a  period  of  at  least  one  year 
after  the  date  upon  which  they  were  written. 

Special  examinations  can  be  granted  only  to  "applicants  who  for  good  and  sufficient 
reasons  could  not  attend  the  last  regular  examination."  Applicants  who  failed  in  the 
regular  examination  can  not  be  given  a  special  examination. 

Section  10940.  Grading  of  examination  papers  by  state  super- 
intendent of  public  schools. — The  county  superintendent  of  public 
schools  shall  in  accordance  with  a  system  prepared  and  submitted 
by  the  state  superintendent  of  public  schools  give  each  applicant 
writing  in  the  examination  a  number  by  which  number  alone  the 
papers  of  said  applicant  shall  be  marked  and  designated.  Said 
county  superintendent  shall  keep  an  accurate  record  of  the  number 
given  to  each  applicant.  Within  three  days  after  the  close  of  each 
regular  examination,  the  county  superintendent  of  public  schools 
shall  forward  to  the  state  superintendent,  by  express  or  registered 
mail,  all  the  papers  of  all  applicants  for  first  grade  certificates  and 
of  all  other  applicants  who  shall  request  their  papers  to  be  sent 
to  the  state  superintendent.  Said  state  superintendent  of  public 
schools  shall  carefully  grade  all  papers,  keep  a  record  of  said  grades, 
certify  them  to  the  coun.ty  superintendent  of  the  county  in  which 
said  papers  were  written,  ,and  also  return  said  papers  to  said 


Revised  School  Laws.  128 

county  superintendent  of  public  schools,  who  shall  preserve  them 
among  the  records  of  his  office  for  at  least  one  year  after  the  date 
of  the  examination  at  which  they  were  written. 

Section  10941.     Qualifications  necessary  for  certificates. — No 

person  shall  be  granted  a  license  to  teach  in  the  public  schools  of 
this  state  who  is  not  of  good  moral  character.  From  and  after 
September  1,  1912,  all  applicants  for  first  or  second  grade  certifi- 
cates to  teach  must  present  evidence  of  having  completed  the  first 
year's  work  of  a  classified  or  accredited  high  school  as  defined  in. 
section  10923,  R.  S.  Mo.  1909,  or  its  equivalent.  From  and  after 
September  1,  1914,  all  applicants  for  first  or  second  grade  certifi- 
cates must  present  evidence  of  having  completed  two  years  of  such 
work,  or  its  equivalent..  From  and  after  September  1,  1916,  all 
applicants  for  first  or  second  grade  certificates  must  present  evi- 
den.ce  of  having  completed  three  years  of  such  work,  or  its 
equivalent.  From  and  after  September  1,  1918,  all  applicants  for 
first  or  second  grade  certificates  must  present  evidence  of  having 
completed  four  years  of  such  work,  or  its  equivalent.  "The  high 
school  work  herein  required  may  be  done  in,  any  public,  private,  or 
parochial  school,  or  private  study,  and  satisfactory  evidence  thereof 
presented  by  the  written  statements  of  parties  who  have  personal 
knowledge  that  such  work  has  been  done,  or  by  passing  a  satis- 
factory examination  on.  the  subjects  for  which  credit  is  claimed  and 
which  are  not  required  in  the  examination  prescribed  by  section 
10939  of  this  article:"  Provided,  that  provisions  of  this  section 
shall  not  apply  to  any  person  who  holds  a  certificate  entitling  him 
to  teach  in  the  schools  of  Missouri  at  the  time  of  the  taking  effect 
of  this  act. 

No  high  school  work  is  required  of  any  person  who  held  a  certificate  to  teach 
January  1,  1912. 

Section  10942.  Renewal  of  certificates. — A  third  grade  certifi- 
cate may  be  granted  to  any  one  person  in  but  four  consecutive 
years.  A  second  grade  certificate  shall  be  renewed  without  ex- 
amination once.  A  first  grade  certificate  an  unlimited  number  of 
times:  Provided,  that  the  holder  shall  give  satisfactory  evidence 
to  county  superintendent  of  public  schools  that  certain  professional 
work  prescribed  by  state  superintendent  at  the  time  of  the  issuing 
of  [or]  former  renewal  of  the  certificate  has  been  complied  with: 
"Provided,  that  any  teacher  who  has  had  five  years'  experience  in 
teaching  and  is  employed  as  a  teacher  at  the  time  of  the  taking 
effect  of  this  act  shall  have  his  or  her  county  certificate  renewed  an 
unlimited  number  of  times,  on  condition  that  said  teacher  Continues 
in,  the  same  position  and  is  faithful  in  the  performance  of  his  or 
her  professional  duties." 

A  third  grade  certificate  cannot  be  renewed.  A  new  examination  must  be  taken 
each  year  to  secure  a  third  grade  certificate.  Only  four  such  certificates  can  be 
secured  in  consecutive  years. 

Conditions  for  the  renewal  of  county  certificates  are  as  follows: 


124  Revised  School  Laws. 

Requirement  Number  I.— Each  holder  of  a  renewable  certificate,  in  order  to  be 
eligible  to  have  his  certificate  renewed,  must  each  year  during  the  life  of  his  certificate 
attend  either  the  state  teachers'  association,  his  county  teachers'  association  or  meeting, 
or  a  district  teachers'  association  which  embraces  several  counties.  In  case  of  his 
failure  to  attend  his  county  association,  attendance  at  three  township  or  district 
meetings  during  that  year  may  be  accepted  instead  of  the  attendance  at  the  county 
association.  This  requirement  may  be  waived  for  teachers  in  large  cities  which  are,  by 
section  10932,  exempt  from  the  supervisory  powers  of  the  county  superintendent,  pro- 
vided such  cities  have  at  least  semimonthly  meetings  for  seven  months  each  year  in 
which  professional  work  approved  by  the  state  superintendent  is  being  done. 

Requirement  Number  II.— Each  holder  of  a  renewable  certificate  must  also  do  the 
reading  circle  work  to  the  satisfaction  of  the  county  superintendent  for  two  years  for 
each  renewal.  Passing  grades  in  extension  or  correspondence  courses  approved  by  the 
state  superintendent  of  schools  shall  be  accepted  by  county  superintendents  instead 
of  reading  circle  work.  Passing  approved  summer  school  grades  shall  be  accepted  in 
lieu  of  reading  circle  work.  Summer  school,  extension  or  correspondence  grades  must 
in  all  cases  have  been  made  since  the  issue  or  former  renewal  of  the  certificate  to  be 
renewed.  Reading  circle  work  of  special  merit  conducted  by  city  superintendents  with 
the  approval  of  the  state  superintendent  shall  be  accepted  in  lieu  of  the  regular  reading 
circle  work. 

Section  10943.  County  superintendent  to  pass  on  morality  of 
applicants — to  keep  grades  and  record  of  certificates — may  endorse 
certificate  from  adjoining  county. — The  county  superintendent  of 
public  schools  shall  pass  upon  the  moral  character  and  require- 
ments, other  than  scholastic  as  shown  by  the  papers  written,  of  all 
applicants  for  certificates  to  teach  in  the  schools  under  his  jurisdic- 
tion, and  he  shall  grade  each  applicant  who  has  had  four  months' 
experience  in  teaching  on,  teaching  ability  and  management.  The 
grades  on  these  two  professional  requirements  shall  be  averaged 
with  the  grades  on  the  scholastic  branches  required  in,  section 
10939.  The  county  superintendent  shall  keep  a  true  record  of  all 
grades  made  by  all  applicants  in  examinations  conducted  by  him 
as  certified  to  him  by  the  state  superintendent,  and  also  as  graded 
by  himself,  and  also  a  record  of  all  certificates  granted,  renewed 
or  revoked,  said  record  exhibiting  the  number  granted,  date,  grade 
and  length  of  time  for  which  each  certificate  was  issued,  and  the 
name,  age,  sex,  and  nativity  of  the  person  receiving  the  same,  and 
deliver  the  same  to  his  successor  in  office.  Any  applicant  may 
raise  the  grade  of  his  certificate  by  meeting  the  additional  require- 
ments prescribed  for  such  higher  grade  of  certificate,  and  any  or  all 
grades  on  a  valid  third  grade  certificate  may  be  used  on  a  second 
grade  certificate:  Provided,  that  the  county  superintendent  may 
endorse  without  examination  second  grade  certificates  from  adjoin- 
ing counties,  on  the  payment  of  a  fee  of  one  dollar  and  fifty  cents. 

Only  second  grade  certificates  from  adjoining  counties  may  be  endorsed.  First 
grade  certificates  issued  under  the  new  law  are  valid  in  any  county  in  the  state. 

Section  10944.  Applicants  to  pay  fee — fees  received  to  be 
used  to  pay  expenses — superintendent  to  make  annual  statement 
of  fees  collected  and  expended. — Every  applicant  for  a  certificate 
shall  pay  to  the  county  superintendent  of  public  schools  a  fee  of 
three  dollars,  which  shall  entitle  him  to  take  any  and  all  examina- 


Revised  School  Laws.  .  125 

tions  given  in  any  calendar  year.  Every  applicant  for  a  renewal 
of  his  certificate  shall  pay  a  fee  of  one  dollar  and  fifty  cents.  The 
fees  so  collected  shall  be  used  for  the  payment  of  the  expenses  of 
teachers'  associations  and  teachers'  meetings  authorized  by  this 
chapter — at  least  thirty  per  cent  being  set  apart  and  used  for  this 
purpose — and  for  the  expenses  incident  to  the  grading  of  papers 
and  issuing  certificates  of  applicants  for  license  to  teach.  The 
county  superintendent  of  public  schools  shall  remit  to  the  state 
superintendent  five  cents  for  each  subject  written  by  each  applicant, 
whose  papers  are  sent  to  the  state  superintendent  of  schools.  The 
fees,  received  in  this  manner  by  the  state  superintendent  of  public 
schools,  shall  be  used  to  pay  the  compensation  of  such  assistants 
as  may  be  necessary  to  examine  and  grade  all  such  papers,  and  to 
pay  other  expenses  incident  to  the  grading  of  the  papers  submitted 
and  recording  and  certifying  said  grades.  The  state  superintend- 
ent of  public  schools  is  hereby  empowered  to  appoint  and  pay  such 
assistants  as  he  may  need  for  the  examining  and  grading  of  all 
such  papers  submitted,  and  he  shall  also  keep  an  accurate  account 
of  all  moneys  received  and  disbursed  by  him  in  carrying  out  the 
provisions  of  this  act.  Any  balance  remaining  in  said  fund  shall 
be  turned  into  the  general  revenue  fund  of  the  state  by  said  state 
superintendent  of  public  schools  on  the  first  day  of  December  of 
each  calendar  year.  The  county  superintendent  of  public  schools 
shall  make  report  of  all  fees  collected,  all  amounts  expended  for 
teachers'  associations  and  meetings  and  for  all  amounts  remitted  to 
the  state  superintendent,  to  the  county  court  at  its  regular  meeting 
in  February  of  each  year. 

Section  10945.  Revocation  of  certificate. — The  county  superin- 
tendent may  revoke,  upon  satisfactory  proof,  any  county  certificate 
for  incompetency,  immorality,  neglect  of  duty,  or  the  annulling  of 
written  contracts  with  the  board  of  directors  without  the  consent 
of  the  majority  of  the  members  of  the  board  which  is  a  party  to 
such  contract.  All  charges  must  be  preferred  in  writing  and  signed 
by  the  party  or  parties  filing  the  accusation,  and  the  teacher  must 
be  given  due  notice  and  opportunity  to  be  heard.  In  case  any 
person  holding  a  certificate  issued  by  the  state  superintendent,  the 
board  of  curators  of  the  state  university,  or  the  board  of  regents 
of  any  normal  school,  shall  be  charged  as  above,  then  it  shall  be 
the  duty  of  the  county  superintendent  in  the  county  where  the 
offense  is  alleged  to  have  been  committed  to  notify,  in  writing,  the 
person  or  board  issuing  such  certificate,  and  such  person  or  board 
shall  proceed  as  hereinabove  provided  for  the  revocation  of  such 
certificate. 

Section  10946.  State  board  to  outline  work  of  institutes  and 
summer  schools  for  colored  teachers — tuition  fee. — The  state  board 
of  education  shall  prepare — or  cause  to  be  prepared — outlines  of 
work  to  be  done  in  institutes  for  colored  teachers,  and  outlines  for 
minimum  requirements  for  work  done  in  approved  summer  schools 


126  Revised  School  Laws. 

and  accepted  on  county  certificates  as  provided  in  section  10947. 
It  shall  also  establish  ten  or  more  institutes  for  colored  teachers, 
appoint  instructors  an.d  make  all  rules  and  regulations  therefor. 
Grades  made  by  colored  teachers  in  said  (said)  institutes  shall  be 
accepted  by  county  superintendents  in  lieu  of  examinations  in  sub- 
jects or  parts  of  subjects  covered  by  the  work  of  the  institute.  A 
tuition  fee  of  not  to  exceed  two  dollars  may  be  charged  to  maintain 
such  institute  for  colored  teachers. 

Section  10947.  Grades  at  summer  terms  of  state  educational 
institutions  to  be  received — grades  to  become  void,  when. — Grades 
made  in  the  summer  terms  of  the  state  educational  institutions, 
arfd  in  such  other  schools  as  may  be  approved  by  the  state  board  of 
education,  obtained  under  conditions  conforming  to  the  require- 
ments prescribed  by  the  state  board  of  education  shall  be  accepted 
by  the  state  superintendent  in  lieu  of  examinations  on  the  several 
subjects  required  for  county  certificates  and  shall  be  certified  by 
the  state  superintendent  of  public  schools  to  the  county  superin- 
tendent of  the  county  in  which  the  certificate  is  to  be  issued. 
Grades  made  in,  an  examination  conducted  in  any  county  in  the 
state  in  accordance  with  the  provisions  of  this  article  shall  be  good 
in  any  other  county  in  the  state  when  the  papers  have  been  graded 
by  the  state  superintendent  of  public  schools  and  the  grades  prop- 
erly certified  by  him.  Grades  made  under  the  provisions  of  this 
article  shall  become  void  if  the  holder  thereof  shall  have  ceased  to 
•be  engaged  in  active  educational  work  as  a  teacher,  a  student  in 
school,  a  supervisor  or  administrator  in  school  work,  for  a  period 
of  two  consecutive  years. 

All  grades  made  on  papers  sent  to  the  state  superintendent  of  schools,  for  grading 
are  valid  'during  the  life  of  the  grades  in  any  county  in  the  state.  The  state  superin- 
tendent certifies  such  grades  to  any  county  on  the  request  of  the  county  superintendent. 

Section  10948.     Complimentary  certificates,  etc.,  prohibited. 

Any  county  superintendent  of  public  schools,  members  of  board  of 
examiners,  or  instructor  in  any  institute  or  approved  summer 
school  who  shall  grant  complimentary  certificates  or  grades,  or 
certificates  and  grades  except  in  accordance  with  the  provisions  of 
this  article  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  to  exceed  five  hundred 
dollars. 

Section  10949.     Law  not  to  apply  to  cities  of  75,000  or  over. 

This  article  shall  not  apply  to  cities  having  or  hereafter  attaining 
a  population  of  75,000  or  more.  This  act  shall  take  effect  and  be 
in  force  on  and  after  Jan[uary]  1,  1912.  (Session  Acts,  1911.) 

County  certificates  issued  prior  to  January  1,  1912,  are  not  subject  to  renewal 
after  that  date,  but  are  valid  only  for  the  life  of  the  certificate,  since  at  that  date 
section  10942,  R.  S.  1909,  ceases  to  be  a  law,  and  there  is  thereafter  no  authority  for 
the  renewal  of  such  certificates,  except  that  section  10942,  Session  Acts  1911,  provides 
"that  any  teacher  who  has  had  five  years'  experience  in  teaching  and  is  employed  as  a 
teacher  at  the  time  of  the  taking  effect  of  this  act  shall  have  his  or  her  county  cer- 
tificate renewed  an  unlimited  number  of  times  on  condition  that  said  teacher  continues 


Revised  School  Laws. 


12? 


in  the  same  position  (in  the  employment  of  the  same  board)  and  is  faithful  in  the 
performance  of  his  or  her  professional  duties." 

All  county  certificates  issued  prior  to  January  1,  1912,  are  valid  only  in  the 
county  in  which  issued  and  cannot  be  endorsed  in  other  counties. 

Under  the  Session  Acts  1911,  county  superintendents  have  authority  to  endorse 
only  second  grade  certificates,  issued  after  January  1,  1912,  section  10943. 

All  grades  on  a  valid  third  grade  certificate  may  be  transferred  to  a  second  grade 
certificate.  Section  10943. 

All  scholastic  grades  for  a  first  grade  certificate  must  be  certified  from  the  office 
of  the  state  superintendent  of  schools.  Grades  from  a  second  or  third  grade  certificate 
cannot  be  transferred  to  a  first  grade  certificate,  unless  the  papers  for  said  certificates 
were  graded  by  the  state  superintendent  or  were  made  in  an  approved  summer  school. 

According  to  section  10947,  all  grades  made  on  papers  graded  by  the  state  superin- 
tendent are  valid  in  any  county  in  the  state,  when  properly  certified  from  the  office 
of  the  state  superintendent  of  schools. 

In  the  Session  Acts  1911,  there  is  no  provision  for  the  transfer  of  grades  from 
a  certificate  issued  prior  to  January  1,  1912,  to  one  issued  after  that  date. 


ARTICLE  X. 

COUNTY  TEXT-BOOK  COMMISSION. 


SECTION 

10951.  Text-book    commission— how    com- 

posed— who  not  eligible. 

10952.  Meeting   of— salary— how   paid. 

10953.  Shall  adopt  books  from  authorized 

lists. 

10954.  Publisher     to     submit     publication 

with  price  list. 

10955.  Publisher  to  pay  filing  fees— fund, 

how  used. 

10956.  Bond  to  be  given  by  publisher. 

10957.  When  liable  upon  bond. 

10958.  Superintendent   of   schools   to    fur- 

nish lists  to  county  commission. 

10959.  Duty  of  publisher  when  books  are 

adopted. 

10960.  Adopted   books   to   be   used   exclu- 

sively. 

10961.  Changes— how  made. 


SECTION 

10962.  What  to  be  considered  in  selecting. 

10963.  Profit   of   dealer    shall   not   exceed 

fifteen  per  cent. 

10964.  Exchange  price. 

10965.  Penalty  for  using  other  than  adopt- 

ed books. 

10966.  Supplementary  books. 

10967.  Indigent  pupils,   how  supplied. 

10968.  Certain  cities— may  adopt— how. 

10969.  Publisher    to    make    certain    state- 

ment. 

10970.  Publisher    to    show    ownership    of 

publishing    house. 

10971.  Unlawful    combination    to    control 

prices— contract  forfeited. 

10972.  Penalty  for  selling  without  license. 

10973.  Bribery— penalty. 
Free  text-book  law. 


Sec.  10951.  Text-book  commission — how  composed — who  not 
eligible. — There  is  hereby  created  a  county  school  text-book  com- 
mission, which  shall  be  the  county  board  of  education,  in  all  coun- 
ties in  which  such  a  board  exists.  In  counties  where  there  is  no 
county  board  of  education  the  school  text-book  commission,  shall 
consist  of  the  county  superintendent  of  schools  and  two  teachers, 
who  shall  be  selected  in  the  same  manner  and  at  the  same  time 
as  the  two  members  of  the  county  board  of  education  that  are  ap- 
pointed in  those  counties  that  have  a  county  commissioner  of 
schools :  Provided,  that  no  person  shall  be  appointed  to  serve  on 
the  said  commission  who  has  been  in  the  employ,  as  a  traveling 
salesman  or  otherwise,  in  this  state,  of  any  publisher  of  school  text- 
books within  the  period  of  two  years  prior  to  this  article.  Vacancies 
on  the  commission  resulting  from  death,  resignation,  removal  from 


Revised  School  Laws. 

the  county,  disqualification,  or  otherwise,  shall  be  filled  as  prescribed 
by  law.  A  majority  of  the  commission  shall  constitute  a  quorum 
for  the  transaction  of  all  business  of  the  commission. 

Section  9957  of  the  Revised  Statutes  of  1899  provided  for  the  appointment  of  the 
county  board  of  education.  County  text-book  commissions  are  appointed,  as  were 
county  boards  of  education  under  that  section ;  i.  e.,  the  state  board  of  education 
appoints  one  member  and  the  county  court  one.  The  implied  repeal  of  this  section  by 
the  law  establishing  county  supervision  does  not  affect  the  method  of  appointing  the 
text-book  commission.  Appointed  members  must  be  teachers,  and  they  will  serve  for 
two  years.  A  vacancy  is  filled  by  the  power  appointing  the  member  whose  place 
becomes  vacant.  The  spirit  of  the  law  prohibits  the  appointment  of  any  one  who  has 
been  in  the  employ  of  a  text-book  publisher  since  June  14,  1905. 

Sec.  10952.  Meeting  of — salary — how  paid. — The  county  text- 
book commission  shall  meet  at  the  county  seat  to  organize  within 
thirty  days  from  the  date  of  the  taking  effect  of  this  article.  The 
county  superintendent  shall  be  ex  officio  president  of  the  commis- 
sion, and  a  secretary  shall  be  elected  from  its  own  membership. 
Said  commission  shall  meet  annually  thereafter,  and  special  meet- 
ings may  be  called  by  the  president,  or  on  the  written  request  of 
the  other  two  members.  The  president  shall  preside  at  all  meet- 
•ings  of  the  commission,  and  the  secretary  shall  keep  the  records  of 
the  meetings,  and  all  contracts  shall  be  signed  by  both  the  president 
and  secretary.  Members  of  said  commission  that  do  not  receive 
an  annual  salary  from  the  county  shall  receive  five  dollars  per  day 
for  their  services,  with  such  additional  amount  as  shall  be  neces- 
sary to  cover  their  actual  traveling  expenses :  Provided,  that  they 
shall  receive  pay  for  not  to  exceed  six  days  in  any  one  year,  the 
same  to  be  audited  and  paid  by  the  county  court. 

The  first  meeting  of  the  commission  is  the  only  one  required  by  the  law  to  be  held 
at  the  county  seat. 

The  commission  must  meet  annually,  but  except  when  adoptions  are  to  be  made 
it  should  not  be  in  session  more  than  one  day.  If  two  members  sign  a  request  to  the 
president  asking  that  a  meeting  be  called,  he  has  no  option  in  the  matter,  but  must 
call  same. 

County  superintendents  are  not  entitled  to  salary  for  serving  on  the  text-book 
commission. 

Sec.  10953.  Shall  adopt  books  from  authorized  lists. — Said 
commission  shall  adopt  from  the  authorized  state  list,  as  herein- 
after provided,  a  uniform  series  of  text-books  for  use  in  the  schools 
of  all  the  districts  of  the  county,  except  that  in'  cities  having  more 
than  one  thousand  children  of  school  age,  as  shown  by  the  last 
enumeration,  and  in  towns  having  high  schools  affiliated  with  the 
state  university,  the  board  of  directors  of  said  cities  and  said  towns 
may  select  from  the  aforesaid  list  such  books  as  in -their  opinion 
are  best  suited  to  the  local  conditions,  and  may  contract  for  the 
same. 

Unless  the  board  of  directors  in  the  cities  and  towns  included  in  the  provisions 
of  section  10953  select  books  from  the  authorized  state  list,  their  respective  schools  must 
use  the  books  adopted  by  the  county  text-book  commission.  Section  10968  also  requires 
the  boards  to  take  some  affirmative  action  if  they  do  not  accept  the  county  adoptions. 


Revised  School  Laws.  129 

Boards  of  directors  must  select  books  from  those  on  the  state  list,  or  they  must 
use  the  books  adopted  by  the  county  commissions.  They  may  contract  for  these  books 
for  a  period  of  five  years,  acting  in  accordance  with  the  provisions  of  section  10968. 

The  "authorized  state  list"  means  the  list  of  all  the  books  filed  with  the  state 
superintendent  by  publishers  who  have  complied  with  all  the  provisions  of  the  law. 

A  school  losing  its  classification  as  a  high  school  must  use  the  books  adopted  by 
the  county  commission,  even  though  while  on  the  approved  list  it  contracted  for  other 
books  for  a  period  of  five  years.  A  school  becomes  exempt  from  the  county  adoptions 
and  has  power  to  select  and  contract  for  its  own  books  immediately  upon  its  high 
school  being  classified  or  when  the  city  in  which  it  is  located  enumerates  1,000  children 
of  school  age,  regardless  of  its  being  included  in  the  county  contract. 

Sec.  10954.     Publisher  to  submit  publication  with  price  list. 

Before  the  publisher  of  any  school  text-book  shall  offer  the  same 
for  sale  to  any  county  text-book  commission,  or  board  of  school 
directors  in  the  state  of  Missouri,  said  publisher  shall  file  a  copy  of 
said  text-book  in  the  office  of  the  state  superintendent  of  public 
schools  with  a  sworn  statement  of  the  list  price  and  the  lowest  net 
price  at  which  said  book  is  sold  anywhere  in  the  United  States 
under  like  conditions  of  distribution.  Said  publisher  shall  file  with 
the  state  superintendent  a  written  agreement  to  furnish  said  book 
or  books  to  the  county  text-book  commissions  or  boards  of  directors 
of  Missouri  at  the  price  so  filed.  Said  publisher  must  further 
agree  to  reduce  such  prices  in  Missouri  if  reductions  are  made 
elsewhere  in  the  country,  so  that  at  no  time  may  any  book  be  sold 
in,  Missouri  at  a  higher  price  than  is  received  for  the  same  book 
elsewhere  in  the  country  where  like  methods  of  distribution  prevail. 
Said  publisher  shall  further  agree  that  all  books  offered  for  sale  in 
Missouri  shall  be  equal  in  quality  to  those  deposited  in  the  office  of 
the  state  superintendent  as  regards  paper,  binding,  print,  illustra- 
tion and  all  points  that  may  affect  the  value  of  said  books. 

Sec.   10955.     Publisher  to   pay  filing  fees — fund,   how   used. 

Before  the  publisher  of  any  school  text-book  shall  offer  the  same 
for  sale  to  any  county  school  text-book  commission  or  board  of 
school  directors  in  the  state  of  Missouri,  and  at  the  time  of  the 
filing  of  such  text-book  in  the  office  of  state  superintendent  of  public 
schools,  said  publisher  shall  pay  into  the  treasury  of  the  state  of 
Missouri  a  filing  fee  of  ten  dollars  for  each  book  offered  by  said 
publisher.  A  series  of  books  by  the  same  author  and  upon  the 
same  subject  shall  constitute  one  book  for  this  purpose.  The  fees 
thus  received  shall  constitute  a  fund  out  of  which  upon  requisition 
made  by  the  state  superintendent  of  public  schools  shall  be  paid 
the  expenses  of  publishing  lists  and  other  information  for  the  use 
of  the  county  school  text-book  commissions,  clerk  hire  and  other 
necessary  expenses  in  connection  with  the  filing  of  all  text-books 
submitted  for  adoption  in  the  state  of  Missouri.  Any  balance  re- 
maining in  such  fund  shall  be,  upon  the  first  of  January  of  each 
year,  placed  to  the  credit  of  the  general  revenue  fund  of  the 
state. 

Before  offering  a  book  to  the  county  commission  for  adoption  the  publisher  must 
do  ten  things: 
S.  L.-9 


130  Revised  School  Laws. 

1.  File  a  copy  of  the  book  to  be  offered  with   the  state  superintendent  of  public 
schools. 

2.  File   a    sworn    statement   of   the   list   price   and    the   lowest  net   price   at   which 
said  book  is  sold  anywhere  in  the  United  States  under  like  conditions  of  distribution. 

3.  File  an  agreement  to  sell  the  book  at  the  price  filed. 

4.  File   an   agreement   to   sell   such   book  in   Missouri   at   no   higher  price   than   is 
charged  elsewhere  in  the  United  States  under  like  conditions,    and  to  reduce  the  price 
of  such  book  in  Missouri  when  it  is  reduced  elsewhere. 

5.  File   an   agreement  that  all   books  offered  for  sale   in  Missouri   shall  be   equal 
in  quality  to  those  deposited  in  the  office  of  the  state  superintendent. 

6.  Pay  a  filing  fee  of  ten   dollars  on   every  book  filed. 

7.  Execute  a  bond  to  insure  compliance  with  the  above  agreements. 

8.  Furnish  county  text-book  commissions  a  list  of  the  books  and  prices  filed  with 
the  state  superintendent. 

9.  File  sworn  statement  that  he  has  entered  into  no  agreement  to  control  prices 
or  to  restrict  competition  in  the  sale  of  books.     (Section  10969.) 

10.  File    sworn    statement,     showing    ownership    of    publishing    house,     and    what 
interest  or  shares  the  owners  hold  in  any  other  publishing  house.     (Section  10970.) 

Sec.  10956.  Bond  to  be  given  by  publisher. — To  insure  com- 
pliance with  the  aforesaid  conditions  under  which  school  text- 
books may  be  sold  in  the  state  of  Missouri,  said  publisher  shall 
file  with  the  state  superintendent  a  bond  of  not  less  than  two  thou- 
sand dollars  nor  more  than  ten  thousand  dollars,  said  bond  to  be 
approved  by  the  state  superintendent  and  the  amount  to  be  fixed 
by  him ;  upon  compliance  with  this  and  the  preceding  section,  said 
publisher  shall  thereupon  be  licensed  to  sell  school  books  in  this 
state. 

Comments  under  sections  10954  and  10935  show  the  ten  things  required  of  publishers 
before  being  licensed  to  sell  school  books  in  this  state. 

Sec.  10957.  When  liable  upon  bond. — If  in  any  case  said  pub- 
lisher shall  furnish  books  inferior  in  any  particular  to  the  samples 
on  file  with  the  state  superintendent,  or  shall  require  higher  prices 
than  those  listed  with  the  state  superintendent,  then  it  shall  be- 
come the  duty  of  the  county  text-book  commission,  or  board  of 
directors,  to  inform  the  state  superintendent  of  the  failure  of  said 
publisher  to  comply  with  the  terms  of  his  contract.  The  state 
superintendent  shall  thereupon  notify  the  publisher  of  said  com- 
plaint, and,  if  said  publisher  shall  disregard  the  notification  and 
fail  to  immediately  comply  with  the  terms  of  his  contract,  then 
the  state  superintendent  shall  institute  legal  proceedings  for  the 
forfeiture  of  the  bond  of  said  publisher. 

Sec.  10958.  Superintendent  of  schools  to  furnish  lists  to 
county  commission. — During  the  month  of  April,  1907,  and  there- 
after annually,  during  the  month  of  January,  it  shall  be  the  duty 
of  the  state  superintendent  to  furnish  each  county  superintendent 
with  a  list  of  publishers  who  shall  have  conformed  to  the  require- 
ments hereinbefore  set  forth  relating  to  sample  books,  prices  and 
bond. 

Sec.  10959.  Duty  of  publisher  when  books  are  adopted. — Be- 
fore seeking  to  enter  into  contract  with  any  county  text-book  com- 


Revised  School  Laws.  131 

mission^  or  board  of  directors,  for  the  schools  covered  by  this  ar- 
icle,  the  publisher  shall  furnish  the  county  superintendent  or  sec- 
•etary  of  the  board  of  directors  with  a  duplicate  printed  list  of  the 
books  and  prices  filed  with  the  state  superintendent.  When  any 
book  or  series  of  books  in  such  list  shall  have  been  adopted  by  the 
Bounty  commission  or  by  any  board  of  directors  in  said  county,  it 
>hall  be  the  duty  of  said  publisher  of  said  book  or  books  to  furnish 
3ach  county  superintendent  with  a  sample  of  the  same,  to  remain 
n  the  office  of  said  county  superintendent,  and  to  be  the  property 
)f  said  county. 

The  copies  filed  with  the  county  superintendents  should  be  carefully  preserved. 
They  must  be  equal  in  quality  to  those  on  file  in  the  office  of  the  state  superintendent, 
ind  will  allow  county  text-book  commissions  to  have  samples  available  for  comparison 
n  order  that  they  may  see  that  the  provisions  of  the  law  are  carried  out.  The  books 
re  "the  property  of  the  county,"  and  are  to  be  carefully  preserved  and  turned  over  to 
he  next  superintendent,  the  same  as  other  papers,  books  and  files  of  the  office. 

Sec.  10960.  Adopted  books  to  be  used  exclusively. — The  coun- 
;y  text-book  commissions  are  hereby  empowered  to  adopt  text- 
books for  all  subjects  that  may  be  taught  in  the  public  schools  of 
their  respective  counties,  and  to  enter. into  contract  for  the  same 
for  a  period  of  five  years  in  the  manner  hereinafter  provided.  All 
books  adopted  by  the  county  commission  shall  be  used  exclusively 
n  the  schools  of  the  county,  except  in  such  towns  and  cities  as  are 
exempt  in  section  10953 ;  and,  further,  except  that  all  books  intro- 
duced into  the  public  schools  since  May  1,  1905,  either  through  the 
action  of  boards  of  directors  or  on  the  recommendation  of  county 
superintendents  or  county  boards  of  education,  may  be  continued 
n  use  for  a  period  of  five  years  from  the  date  of  the  introduction 
)f  said  books:  Provided,  that  the  publishers  of  said  books  shall 
comply  with  all  the  requirements  of  sections  10954  and  10956  prior 
•jo  August  1,  1907. 

Sec.  10961.  Changes — how  made. — Said  commissions  shall 
no  changes  until  they  shall  have  advertised  for  bids  for  at 
jt  two  successive  weeks  in  one  or  more  county  papers,  and  the 
loption  of  such  books  shall  not  be  made  until  the  expiration  of 
least  fourteen  days  from  the  date  at  which  such  advertisement 
irst  appeared.  Such  advertisement  shall  specify  subjects  in  which 
changes  will  be  considered  and  the  probable  number  of  books  of 
;ach  kind  required. 

Sec.  10962.  What  to  be  considered  in  selecting. — In  selecting 
)ks  the  text-book  commission  shall  carefully  consider  the  price, 
iracter  of  the  subject  matter,  binding,  'illustrations,  print  and 
)er,  the  adaptability  to  local  conditions,  and  all  points  that 
ict  the  value  of  the  book. 

Sec.  10963.     Profit  of  dealer  shall  not  exceed  fifteen  per  cent. 

all  counties  where  the  county  court  does  not  elect  to  purchase 
it-books  and  sell  the  same  to  pupils  at  cost,  as  hereinafter1  pro- 


132  Revised  School  Laws. 

vided,  the  publisher  making  contracts  under  this  article  shall  sell 
and  furnish  to  all  dealers  or  merchants  of  said  county,  or  to 
dealers  or  merchants  in  contiguous  territory,  all  adopted  text- 
books at  the  net  contract  price.  No  dealer  shall  sell  said  books  at 
more  than  fifteen  per  cent,  advance  on  said  net  contract  price. 
Any  dealer  or  merchant  violating  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  twenty-five  dollars  and  not  more  than  one  hun- 
dred dollars. 

No  provision  is  made  for  the  county  court  to  purchase  text-books  and  sell  to 
pupils  at  cost. 

Sec.  10964.  Exchange  price. — When  any  county  text-book 
commission  or  board  of  directors  shall  adopt  books  and  enter  into 
contracts  with  the  publishers  thereof  such  contracts  shall  provide 
a  reasonable  exchange  price  for  the  books  displaced  by  such 
adoption. 

Exchange  price  should  be  included  in  the  contracts  signed  by  the  county  text-book 
commissions  and  boards  of  directors. 

Sec.  10965.     Penalty  for  using  other  than  adopted  books. — 

Any  teacher  or  school  director  who,  within  eight  months  after  the 
county  board  of  education  shall  have  adopted  a  list  of  text-books 
for  such  county,  shall  sanction  or  permit  the  use  of  any  book  not 
adopted  in  accordance  with  the  provisions  of  this  article  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 
If  any  county  text-book  commission  or  board  of  directors  shall 
attempt  to  change  any  text-book  before  the  expiration  of  a  con- 
tract for  the  same,  made  under  this  article,  any  member  of  such 
commission  or  board,  who  votes  for  such  unlawful  change,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars. Any  publisher,  or  agent  of  said  publisher,  who  shall  con- 
nive at  or  seek  to  procure  such  unlawful  change,  shall  be  guilty  of 
a  misdemeanor,  and  subject  to  a  like  penalty. 

After  an  adoption  has  been  made  and  contract  signed,  there  is  no  way  provided 
whereby  the  books  may  be  changed  before  the  expiration  of  a  period  of  five  years. 

Sec.  19066.  Supplementary  books.— Nothing  in  this  article 
shall  be  construed  to  prevent  the  use  of  such  supplementary  books 
as  shall  be  furnished  at  the  expense  of  the  school  district  pro- 
vided such  supplementary  books  shall  not  displace  books  regularly 
adopted  under  the  provisions  of  this  article. 

This  section  refers  to  supplementary  books  furnished  at  the  expense  of  the  school 
district.  Such  need  not  be  taken  from  the  authorized  state  list.  Books  bought  61;  the 
pupils  must  be  books  on  the  authorized  state  list. 

Sec.  10967.  Indigent  pupils,  how  supplied.— The  boards  of 
directors  of  each  school  district  shall  have  authority  to  purchase 


Revised  School  Laws.  133 

all  necessary  books  for  indigent  pupils  and  pay  for  the  same  out 
of  the  incidental  funds  of  the  district. 

Sec.  10968.  Certain  cities — may  adopt — how. — Boards  of  di- 
rectors of  cities  and  towns  exempt  from  county  uniformity  under 
section  10953,  who  may  not  accept  county  uniformity,  may  adopt 
and  contract  for  books  from  the  state  list  under  the  same  restric- 
tions and  in  the  same  general  manner  as  herein  provided  for  the 
adoption  of  books  by  the  county  text-book  commission. 

"Same  general  manner"  requires  boards  of  education  to  advertise  for  bids  as  is 
provided  in  section  10961.  Cities  and  towns  are  not  exempt  unless  they  take  affirmative 
action  showing  that  they  do  not  accept  the  books  adopted  by  the  county  commission. 

Sec.  10969.  Publisher  to  make  certain  statement. — When  any 
publisher  of  school  text-books  shall  file  with  the  state  superintend- 
ent the  samples  and  lists  provided  for  in  section  10954,  said  pub- 
lisher at  the  same  time  shall  be  required  to  file  a  sworn  statement 
that  he  has  no  understanding  or  agreement  of  any  kind  with  any 
other  publisher,  or  interest  in  the  business  of  any  other  publisher, 
with  the  effect,  design  or  intent  to  control  the  prices  on  such  books 
or  to  restrict  competition  in  the  adoption  or  sale  thereof. 

Sec.  10970.  Publisher  to  show  ownership  of  publishing  house. 
Before  being  licensed  to  sell  school  text-books  in  this  state,  the 
publisher  thereof  shall  file  with  the  state  superintendent  of  public 
schools  a  sworn  statement,  showing  the  ownership  of  such  pub- 
lishing house,  with  the  interest,  names  and  addresses  of  such 
owners,  and  specifically  stating  whether  or  not  the  said  publisher, 
or  the  owner  of  any  interest  or  shares  in  such  publishing  house, 
is  the  owner  of  any  interest  or  shares  in  any  other  publishing 
house,  and  if  so,  giving  the  name  and  address  thereof. 

Sec.  10971.  Unlawful  combination  to  control  prices — contract 
forfeited. — If  at  any  time  any  publisher  shall  enter  into  any  under- 
standing, agreement  or  combination  to  control  the  prices  or  to  re- 
strict competition  in  the  adoption  or  sale  of  school  books,  or  if  the 
statements  required  of  said  publisher  by  the  two  preceding  sec- 
tions shall  be  untrue  in  any  respect,  then  the  attorney-general  shall 
institute  and  prosecute  legal  proceedings  for  the  forfeiture  of  the 
bond  of  said  publisher  and  for  the  revocation  of  his  authority  to 
sell  school  books  in  this  state,  and  all  contracts  made  by  said  pub- 
lisher under  this  article  shall  thereupon  become  null  and  void  at 
the  option  of  the  other  parties  thereto. 

Sec.  10972.  Penalty  for  selling  without  license. — Any  pub- 
lisher who  shall  sell,  or  offer  for  sale  or  adoption  in  this  state, 
school  text-books  of  any  kind  without  first  obtaining  a  license 
therefor  under  this  article,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  fined  not  less  than  five  hundred  dollars, 
and  not  more  than  five  thousand  dollars. 

Sec.  10973.  Bribery — penalty. — Any  member  of  any  county 
board  of  education  who  shall  accept  or  receive  any  money,  gift  or 


134  Revised  School  Laws. 

any  property,  or  favor  whatsoever,  from  any  person,  firm  or  cor- 
poration selling  or  offering  for  sale  any  text-books,  or  any  agent 
thereof,  or  from  any  person  in  any  way  interested  in  the  sale  of 
text-books,  shall,  upon  conviction,  be  punished  by  a  fine  not  ex- 
ceeding one  thousand  dollars  or  by  imprisonment  in  the  county 
jail  for  not  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment. 


THE  FREE  TEXTBOOK  LAW. 
(The  Orr  Free  Textbook  Law,  1913.) 

AN  ACT  to  provide  free  textbooks  in  all  the  public  schools  of  the  state. 


SECTION 

1.  District  may  furnish  free  textbooks, 

how. 

2.  County  court  to  apportion  foreign  in- 

surance money  to  districts  furnish- 
.     ing  free  textbooks. 


SECTION 

3.  Funds  apportioned  to  purchase  text- 

books only. 

4.  Corporation  furnishing  books  to  desig- 

nate secretary  of  state  as  agent. 


Section  1.     District  may  furnish  free  textbooks,  how. — The 

qualified  voters  of  any  school  district  in  the  state  may  at  any 
annual  or  special  school  meeting,  fifteen  days'  notice  having  been 
given  as  required  in  section  10844,  vote  to  authorize  the  board  of 
directors  or  board  of  education  of  such  district  to  purchase  from 
the  incidental  fund  and  furnish  free  all  the  textbooks  for  all  the 
pupils  in  the  public  schools  of  said  district.  A  majority  vote  of 
those  voting  upon  this  proposition  shall  be  sufficient  to  decide  the 
question.  In  the  event  the  incidental  fund  is  not  sufficient  to  sup- 
ply all  the  books  during  the  first  year,  then  the  board  shall  supply 
as  many  grades  of  their  school  or  schools  as  possible  beginning 
with  the  lowest  grade  and  shall  furnish  free  textbooks  to  all  the 
pupils  of  all  the  elementary  grades  within  a  period  of  three  years 
from  the  date  of  the  school  meeting  at  which  it  was  decided  to 
furnish  free  textbooks.  Such  books  shall  be  the  property  of  the 
school  district,  but  shall  be  furnished  free  of  charge  to  all  public 
school  pupils  for  use  in  the  public  schools  of  said  school  district, 
under  such  rules  and  regulations  as  the  board  of  directors  or  board 
of  education  shall  prescribe.  No  board  of  directors  or  board  of 
education  shall  pay  a  higher  price  for  such  books  than  is  paid  by 
any  other  school  district  in  this  state,  or  in  any  other  state  pur- 
chasing textbooks  in  the  open  market.  No  contract  hereafter 
made  by  any  county  or  state  textbook  commission  shall  be  binding 
upon  any  school  district  furnishing  free  textbooks  to  its  pupils. 
No  contract  for  books  for  a  period  of  more  than  five  years  shall  be 
made  by  any  school  district  under  the  provisions  of  this  act.  Any 
owner,  agent,  solicitor  or  publisher  of  textbooks  who  shall  offer  for 


Revised  School  Laws.  135 

sale  in  this  state  or  sell  to  any  board  of  directors  or  board  of  educa- 
tion textbooks  at  a  higher  price  than  herein  specified  shall  be 
guilty  of  a  misdemeanor  and  shall  upon  conviction  thereof  be  pun- 
ished by  a  fine  of  not  less  than  five  hundred  dollars  and  not  more 
than  ten  thousand  dollars  for  each  offense. 

Sec.  2.  County  court  to  apportion  foreign  insurance  money  to 
districts  furnishing  free  textbooks. — Whenever  the  board  of  di- 
rectors or  board  of  education  of  any  school  district  .in  this  state 
certifies  to  the  county  court  that  they  are  furnishing  textbooks 
free  of  charge  to  all  the  pupils  in  at  least  the  first  four  grades  in 
the  public  schools  of  their  district,  it  shall  be  the  duty  of  the 
county  court  to  apportion  annually  to  each  such  school  district 
from  the  county  foreign  insurance  tax  moneys  received  from  the 
state  treasurer  in  accordance  with  section  7102,  Revised  Statutes, 
1909,  an  amount  to  be  determined  by  multiplying  the  number  of 
children  on  the  last  enumeration  list  of  said  school  district  by  the 
ratio  used  by  the  state  auditor  in  making  the  distribution  of  said 
foreign  insurance  tax  moneys  among  the  counties  of  the  state, 
and  shall  order  the  county  treasurer  to  place  to  the  credit  of  the 
incidental  fund  of  each  such  district  the  amount  thus  obtained, 
or  shall  draw  its  warrant  in  favor  of  the  proper  township  treas- 
urer or  treasurers  for  the  amount  due  the  districts  of  the  various 
townships,  and  shall  also  draw  its  warrant  in  favor  of  the  treas- 
urer of  any  school  district  organized  as  a  city,  town  or  consoli- 
dated district  for  the  amount  due  such  district.  When  any  school 
district  that  contains  an  incorporated  town  or  city  receives  such 
aforesaid  moneys  on  account  of  furnishing  free  textbooks,  then  the 
incorporated  city  or  town  contained  in  such  district  shall  not  be 
entitled  to  any  further  moneys  under  section  7103.  After  the 
money  due  the  aforesaid  districts  on  account  of  their  furnishing 
free  textbooks  has  been  properly  apportioned,  the  county  court 
shall  then  proceed  to  apportion  the  remaining  fund  in  accordance 
with  the  provisions  of  section  7103. 

Sec.  3.     Funds  apportioned  to  purchase  textbooks  only. — The 

funds  received  by  the  various  school  districts  in  accordance  with 
section  2  of  this  act  shall  be  used  only  for  the  purchase  of  text- 
books for  free  use  in  the  public  schools  of  said  districts,  and  any 
district  that  does  not  within  three  years  after  receiving  the  first 
grant  of  money  under  this  act  furnish  all  the  textbooks  free  to  all 
the  pupils  of  its  elementary  schools,  shall  be  deprived  of  any 
further  moneys  under  this  act  until  such  time  as  it  does  furnish 
all  said  textbooks  free. 

Sec.  4.  Corporation  furnishing  books  to  designate  secretary 
of  state  as  agent. — Any  person,  firm  or  corporation  furnishing 
textbooks  to  any  districts  under  the  provisions  of  this  act  shall 
designate  the  secretary  of  state  of  the  state  of  Missouri  as  its 
or  their  agent  upon  whom  citation  and  all  other  writs  and  processes 


136  Revised  School  Laws. 

may  be  served  in  the  event  any  suit  shall  be  brought  against  such 
person,  firm  or  corporation. 

FORM  OF  NOTICE  OF  SPECIAL,  SCHOOL,  ELECTION. 

In  accordance  with  the  provisions  of  H.  B.  810,  entitled  "An  act  to  provide  free 
textbooks  in  all  the  public  schools  of  the  state,"  enacted  by  the  forty-seventh  general 
assembly  of  Missouri,  notice  is  hereby  given  to  the  qualified  voters  of  the  school 

district  of  ,  in  -  -  county,  Missouri,  that  a  special  school  election  will  be  held 

at  the  schoolhouse  in  said  school  district  on  ,  the  day  of ,  191—,  polls 

opening  at  7  a.  m.  and  closing  at  6  p.  m.,  to  vote  upon  the  following  proposition: 

1.    To  provide  free  textbooks  for  the  public  school  pupils. 

Done  by  order  of  the  school  board,  this  —    —  day  of ,  191—. 


Secretary  of  School  Board. 
(Form  of  notice  for  town,    city  and  consolidated  schools.) 


ARTICLE  XL 

STATE  BOARD  OF  EDUCATION. 


SECTION 
10977.    Power  to  employ  attorneys— fees  for 

services  of  same. 
To  report  to  legislature. 


SECTION 

10974.  State  board  of  education— members 

and  duties. 

10975.  Duty   in   relation  to  swamp  lands. 

10976.  Duty   as    to    state    school    fund   of 

counties. 

Sec.  10974.     State    board  of  education — members  and  duties. 

The  supervision  of  instruction  in  the  public  schools  shall  be  vested 
in  a  state  board  of  education,  whose  powers  and  duties  shall  be 
prescribed  by  law.  The  superintendent  of  public  schools  shall  be 
president  of  the  board ;  the  governor,  secretary  of  state  and  attor- 
ney-general shall  be  ex  officio  members,  and,  with  the  superintend- 
ent, compose  said  board  of  education.  It  shall  be  the  duty  of  the 
state  board  of  education  to  take  the  general  supervision  over  the 
entire  educational  interests  of  the  state;  to  direct  the  investment 
of  all  moneys  received  by  the  state  to  be  applied  to  the  capital  of 
any  fund  for  educational  purposes ;  to  see  that  all  funds  are  applied 
to  such  branch  of  the  educational  interest  of  the  state  as  by  grant, 
gift,  devise  or  law  they  were  originally  intended.  (R.  S.  1899,  § 
9814,  amended,  L.  1909,  p.  770.) 

Sec.  10975.  Duty  in  relation  to  swamp  lands. — The  state 
board  of  education  is  hereby  required  to  ascertain  from  all  the 
various  counties  in  the  state  having  swamp  or  other  school  lands 
what  disposition  has  been  made  of  the  same,  and  when  in  any  case 
it  shall  be  ascertained  that  the  objects  of  the  grant  have  been 
violated,  the  funds  arising  therefrom  perverted,  or  the  lands  or 
moneys  used  for  any  purpose  other  than  those  named  in  the  grant, 
and  by  the  law  intended,  it  shall  be  their  duty  to  institute  suits  to 


Revised  School  Laws.  137 

recover  the  same  in  the  name  of  the  state  in  behalf  of  the  public 
schools  of  the  county  in  which  such  lands  lie.  (R.  S.  1899,  §  9815, 
re-enacted,  L.  1909,  p.  770.) 

The  state  board  of  education  has  authority  to  employ  attorneys  to  reclaim  or 
protect  swamp  lands  held  in  trust  by  counties  for  school  purposes.  State  ex  rel.  v. 
Crumb,  157  Mo.  545;  Phillips  v.  County,  187  Mo.  698.  When  a  county  has  caused  a 
patent  to  issue  for  swamp  lands  and  suffered  the  same  to  remain  on  record  thirty 
years  without  attacking  its  validity,  it  is  estopped  from  thereafter  denying  that  such 
patent  passed  a  valid  title.  Simpson  v.  County,  173  Mo.  421. 

Sec.  10976.  Duty  as  to  state  school  fund  of  counties. — It  shall 
also  be  the  duty  of  the  said  state  board  of  education  to  ascertain 
from  all  the  counties  of  the  state  what  disposition  has  been  made 
of  the  state  school  fund  drawn  by  the  counties  from  the  state 
yearly,  how  much  thereof  has  been  transferred  to  the  school  town- 
ships; and  when  any  such  fund,  or  any  part  thereof,  has  been 
diverted  from  its  lawful  use,  it  shall  be  their  duty,  in  like  manner 
as  in  the  last  section  provided,  to  institute  suit  for  and  collect  the 
same  and  return  it  to  its  legitimate  channel.  (R.  S.  1899,  §  9816, 
amended,  L.  1909,  p.  770.) 

Sec.  10977.  Power  to  employ  attorneys — fees  for  services  of 
same. — The  state  board  of  education  shall  have  power  to  employ  a 
competent  attorney  in  each  congressional  district  to  prosecute  the 
suits  mentioned  in  the  preceding  section,  and  who,  for  such  serv- 
ices, shall  be  allowed  the  following  per  cent,  as  fees:  For  all 
claims  prosecuted  to  final  judgment  in  favor  of  the  state  or  county 
as  plaintiff,  on  all  sums  under  five  hundred  dollars,  ten  per  cent. ; 
between  five  hundred  and  one  thousand  dollars,  seven  per  cent.; 
between  one  thousand  and  two  thousand  dollars,  five  per  cent.; 
between  two  thousand  and  four  thousand  dollars,  three  per  cent. ; 
between  four  thousand  and  eight  thousand  dollars,  two  per  cent.; 
and  for  all  sums  over  eight  thousand  dollars,  one  per  cent. — such 
fees  to  be  paid  said  attorney  out  of  the  sums  collected;  and  where 
lands  are  recovered  by  suits  instituted  by  such  attorneys,  they 
shall  be  allowed  such  sums  for  their  services  as  may  be  deemed 
reasonable  by  the  county  court  of  the  county  in  which  the  lands 
recovered  are  situated,  to  be  paid  out  of  the  county  treasury;  but 
if  said  county  court  shall  neglect  or  refuse  to  allow  reasonable 
compensation  for  the  services  of  said  attorneys  in  prosecuting 
suits  for  the  recovery  of  lands  as  above  set  forth,  then  such  attor- 
neys may  bring  suit  in  the  circuit  court  of  the  proper  county  against 
the  county  the  court  of  which  so  refuses  or  neglects  to  allow 
compensation,  and  the  amount  thus  recovered  shall  stand  as  a 
judgment  against  the  county  in  which  said  lands  are  located  upon 
which  suit  was  brought.  And  it  shall  be  the  further  duty  of  said 
attorneys  to  examine  the  records  and  papers  relating  to  school 
lands  and  funds  in  the  counties  of  the  district  for  which  they  are 
appointed,  and  report  the  condition  of  the  same  to  the  state  board 
of  education,  and  they  shall  receive,  as  compensation  therefor,  the 


138  Revised  School  Laws. 

sum  of  six  dollars  per  day  for  the  time  actually  employed  in  such 
examination,  said  amount  to  be  audited  by  the  state  board  of  edu- 
cation and  paid  out  of  any  moneys  in  the  state  treasury  not  other- 
wise appropriated:  Provided,  that  no  more  than  five  days  shall 
be  employed  in  such  examination  in  any  one  county,  except  upon 
an  order  of  the  state  board  of  education.  (R.  S.  1899,  §  9817,  re- 
enacted,  L.  1909,  p.  770.) 

Sec.  10978.  To  report  to  legislature. — Said  board  of  education 
shall  report  to  each  session  of  the  legislature  their  proceedings 
under  this  chapter,  stating  therein  what  suits  have  been  instituted, 
the  amount  of  money  collected,  if  any,  and  the  land  recovered,  if 
any,  naming  the  counties  in  which  such  suits  were  instituted  and 
lands  recovered,  with  such  other  information  as  may  be  deemed 
important.  (R.  S.  1899,  §  9818,  amended,  L.  1909,  p.  770.) 


SCHOOL  LIBRARIES. 
Chapter  73,  Article  IV. 

Sec.  8184.  Library  board  created. — There  is  hereby  created  a 
state  library  board  to  consist  of  five  members,  four  of  whom  shall 
be  appointed  by  the  state  board  of  education  to  serve  for  four 
years  and  until  their  successors  are  appointed.  The  state  super- 
intendent of  schools  shall  be  a  member  and  ex  officio  chairman. 
(Laws  1901,  p.  205.) 

Sec.  8185.     Board  shall  select,  classify  and  recommend  books. 

The  state  library  board  shall  select,  classify  and  recommend  a  list 
of  suitable  books  for  school  libraries,  supplementary  reading  and 
school  reference  books.  Said  list  shall  contain  not  less  than  forty 
suitable  books  to  supplement  the  regular  schoolroom  work  in  each 
of  the  following  lines:  Reading,  literature,  history,  geography 
and  nature  study,  or  practical  agriculture.  They  shall  enter  into 
contract  with  the  publishers  of  the  selected  books  to  furnish  them, 
transportation  charges  prepaid,  at  the  lowest  possible  cost  to  the 
districts :  Provided,  that  said  list  may  be  revised  every  two  years 
by  said  board.  It  shall  be  the  duty  of  the  state  superintendent  of 
public  schools  to  publish  and  distribute  to  the  district  clerks  of  the 
state  a  classified  list  of  selected  books,  setting  forth  contract  price 
of  each.  (Laws  1901,  p.  205.) 

Sec.  8186.     School  boards  to  set  aside  funds  to  purchase  books. 

For  the  purpose  of  purchasing  school  libraries,  supplementary  and 
reference  books,  district  boards  of  directors  shall  set  aside,  out  of 
the  levy  made  for  incidental  purposes,  not  less  than  five  nor  more 
than  twenty  cents  per  pupil  enumerated  in  the  district  each  year, 
which  shall  be  spent  under  the  direction  of  the  board  in  purchas- 
ing books  from  the  list  selected:  Provided,  that  books  other  than 


Revised  School  Laws.  139 

those  selected  may  be  purchased  after  one  hundred  volumes  have 
been  purchased  from  the  selected  list  of  library  books.  (Laws 
1901,  p.  205.) 

It  is  recommended  that  teachers  be  consulted  by  school  boards  before  books  are 
purchased.  The  county  superintendent  will  be  able  to  give  wholesome  advice  in  the 
selection  of  books.  A  pamphlet  containing  the  prices  and  descriptions  of  the  selected 
books  has  been  distributed,  containing  rules  and  regulations  for  the  management  of 
the  libraries.  When  the  incidental  funds  will  admit  of  it,  school  boards  should 
appropriate  the  maximum  of  twenty  cents  per  child  enumerated. 

Lists  of  small  libraries  will  be  furnished  upon  application  to  the  county  superin- 
tendent or  state  superintendent.  These  have  been  selected  with  great  care,  with  the 
view  of  supplementing  the  regular  schoolroom  work.  If  ten  or  fifteen  dollars  is  to  be 
spent,  selections  may  be  made  from  two  or  three  of  the  special  libraries.  These  small 
libraries  are  numbered  and  may  be  ordered  by  number.  Any  combination  of  special 
lists  and  supplemental  lists  may  be  made  to  suit  the  amount  the  district  has  to  spend. 

School  boards  should  make,  or  cause  to  be  made,  a  simple  box  bookcase  to  rest 
on  the  teacher's  desk,  provided  with  door  on  hinges  and  with  lock  and  key.  It  will 
be  much  better  if  such  bookcase  can  be  made  in  the  walls  of  the  house  when  the 
house  is  constructed. 

It  may  be  objected  that  five  dollars  will  not  buy  many  books,  and  that  so  few 
books  will  do  little  good.  Try  it.  Five  dollars  a  year  is  better  than  waiting  five  years 
to  raise  twenty-five  dollars.  Teachers  and  pupils  will  learn  to  appreciate  a  few  books 
faster  than  if  the  list  is  too  large.  Experience  with  few  books  will  insure  wiser  pur- 
chases later.  Districts  should  make  as  large  orders  as  possible,  but  it  is  better  that 
small  orders  be  made  now  rather  than  wait  to  make  larger  ones. 

This  law  in  no  wise  interferes  with  the  right  of  directors  in  cities  and  towns  to 
provide  public  libraries. 

IMPORTANT  SECTIONS  BEARING  ON  SCHOOL  LAW. 

Section  1715.  Children  under  14  not  to  be  employed  in  certain 
occupations. — No  child  under  the  age  of  fourteen  years  shall  be 
employed,  permitted  or  suffered  to  work  at  any  gainful  occupation 
within  this  state,  except  at  agricultural  pursuits,  and  in  domestic 
service. 

Sec.  1716.  Children  under  16  not  to  be  employed  in  certain  oc- 
cupations— notices  to  be  posted. — No  child  under  the  age  of  sixteen 
years  shall  be  employed,  permitted  or  suffered  to  work  at  any 
gainful  occupation  in  this  state  more  than  forty-eight  hours  in  any 
one  week,  nor  more  than  eight  hours  per  day;  nor  before  the  hour 
of  seven  o'clock  in  the  morning,  nor  after  the  hour  of  seven  o'clock 
in  the  evening.  Every  employer  shall  post  in  a  conspicuous  place 
in  every  room  or  place  where  such  minors  are  employed  a  printed 
notice  stating  the  hours  of  service  required  of  them  each  day  of 
the  week,  the  hours  of  commencing  and  stopping  work,  and  the 
hour,  or  hours,  when  the  time,  or  times,  allowed  for  meals  begin 
and  end.  The  printed  form  of  such  notice  shall  be  furnished  by 
the  state  factory  inspector. 

Section  1717.     Lists  of  children  employed  to  be  posted. — It 

shall  be  the  duty  of  every  person,  firm  or  corporation,  employing 
minors  over  fourteen  and  under  sixteen  years  of  age  within  this 
state,  to  keep  two  complete  lists  containing  the  names,  ages  and 


140  Revised  School  Laws. 

places  of  residence  of  all  such  children  employed  therein,  one  on 
file,  and  one  conspicuously  posted  near  the  principal  entrance  of 
the  place  or  establishment  in  which  such  children  are  employed. 

Section  1718.  Child  not  to  be  employed  without  age  certificate 
—certificate  to  be  surrendered  to  owner  on  termination  of  employ- 
ment.— No  child  under  sixteen  years  of  age,  and  over  fourteen  years 
of  age,  shall  be  employed,  permitted  or  suffered  to  work  in  this 
state  unless  there  is  first  produced  and  placed  on  file  at  the  time  of 
employment,  and  accessible  to  any  factory  inspector,  and  to  any 
school  attendance  officer,  or  to  any  other  authorized  officer,  an  em- 
ployment certificate  as  hereinafter  prescribed.  On  termination  of 
the  employment  of  any  such  child,  such  certificate  shall  be  forth- 
with surrendered  by  the  employer  to  the  owner  thereof,  or  in  the 
event  said  certificate  is  not  called  for  within  thirty  days,  it  shall 
be  transmitted  by  the  employer  to  the  person  who  issued  the  same. 

Section  1719.     Employment  certificate,  by  whom  issued. — An 

employment  certificate  shall  be  issued  only  by  the  superintendent 
of  instruction  of  any  board  of  education  in  this  state,  or  by  a  person 
authorized  by  him  in  writing,  or,  where  there  is  no  superintendent 
of  instruction,  by  a  person  authorized  by  the  board  of  directors  of 
any  school  district  in  this  state. 

Section  1720.  Employment  certificate,  how  issued. — The  per- 
son so  authorized  to  issue  an  employment  certificate  shall  not  issue 
such  certificate  until  he  has  received,  examined,  approved  and  filed 
the  following  papers,  duly  executed : 

1.  The  school  record  of  such  child,  properly  filled  out  and 
signed  by  the  principal  or  chief  executive  officer  of  the  school  which 
such  child  has  attended.     It  shall  contain  a  statement  certifying 
that  the  child  has  regularly  attended  the  public  schools,  or  schools 
equivalent  thereto,  or  parochial  schools,  and  is  able  to  read  and 
write  simple  sentences  in  the  English  language.    Such  school  record 
shall  also  give  the  date  of  birth  and  residence  of  the  child,  as  shown 
on  the  record  of  the  school,  and  the  names  of  its  parent,  guardian, 
or  custodian. 

2.  A  passport,  or  duly  attested  transcript  of  the  certificate  of 
birth,  or  baptism,  or  other  religious  record,  showing  the  date  and 
place  of  birth  of  such  child. 

3.  An  affidavit  of  the  parent  or  guardian  or  custodian  of  a 
child  (which  shall  not  be  accepted,  however,  unless  a  passport  or 
certificate  of  birth,  or  baptism,  or  other  religious  record  is  not  ob- 
tainable) ,  showing  the  place  and  date  of  birth  of  such  child.    Such 
affidavit  must  be  taken  before  the  officer  issuing  the  employment 
certificate,  who  is  hereby  authorized  and  required  to  administer 
such  oath  without  demanding  or  receiving  any  fee  therefor. 

Section  1721.  Employment  certificate  not  to  be  issued  without 
personal  appearance  and  examination  before  officer  issuing  same. 
No  employment  certificate  shall  be  issued  until  the  child  in  question 


Revised  School  Laws.  141 

has  personally  appeared  before  and  been  examined  by  the  officer 
issuing  the  certificate,  nor  until  such  officer,  after  making  such  ex- 
amination, has  signed  and  filed  in  his  office  a  statement  that  the 
child  can  read  and  legibly  write  simple  sentences  in  the  English 
language,  and  that  in  his  opinion  the  child  is  fourteen  years  of  age 
or  over,  and  has  reached  the  normal  development  of  a  child  of  its 
age,  and  is  in  sufficiently  sound  health  and  physically  able  to  per- 
form the  work  it  intends  to  do.  Whenever  such  officer  issuing  the 
employment  certificate  requests  it,  such  normal  development,  sound 
health  and  physical  fitness  shall  be  determined  by  a  medical  officer 
of  the  board  or  department  of  health  or  by  a  regularly  licensed 
physician. 

Section  1722.  Employment  certificate,  to  contain  what — dupli- 
cates, how  obtained. — Every  such  employment  certificate  shall 
state  the  name,  sex,  residence,  the  date  and  place  of  birth  of  the 
child,  and  describe  the  color  of  the  hair  and  eyes,  the  height  and 
weight,  and  any  distinguishing  physical  marks  of  such  child,  and . 
that  the  papers  required  by  the  preceding  sections  have  been  duly 
examined,  approved  and  filed,  and  that  the  child  named  in  such 
certificate  has  appeared  before  the  officer  signing  it.  Every  such 
certificate  shall  be  signed  in  the  presence  of  the  officer  issuing  it  by 
the  child  in  whose  name  it  is  issued.  It  shall  show  the  date  of 
its  issue.  In  the  event  such  employment  certificate  is  lost,  dupli- 
cates may  be  issued  upon  the  payment  of  a  fee  of  50  cents  for  each 
duplicate,  which  shall  be  paid  into  the  general  school  fund. 

Section  1723.  Employment  certificates,  subject  to  review  by 
factory  inspector — how  cancelled. — All  such  employment  certifi- 
cates shall  be  subject  to  review  by  the  factory  inspector,  or  by 
any  of  his  assistants  or  deputies,  and  may  by  him  be  cancelled  if 
he  finds  such  certificate  has  been  obtained  through  fraud,  mis- 
representation or  falsification  of  facts.  In  such  cases  the  factory 
inspector  shall  give  written  notice  to  the  employer,  who  shall  at 
once  cause  the  minor  'affected  to  be  dismissed  from  employment. 
The  factory  inspector  or  his  assistant  or  deputy  shall  also  have 
the  power  to  demand  a  certificate  of  physical  fitness  from  some 
regularly  licensed  physician  in  the  case  of  children  who  may  seem 
to  said  inspector  physically  unable  to  perform  the  labor  at  which 
they  may  be  employed;  and  no  such  child  shall  be  employed  who 
cannot  obtain  such  a  certificate. 

Section  1724.  Form  of  employment  certificate. — Such  empjoy- 
ment  certificate  shall  be  printed,  the  printed  form  to  be  furnished 
by  the  state  factory  inspector,  and  shall  be  filled  out,  signed  and 
held  for  surrender  in  the  following  form : 

EMPLOYMENT   CERTIFICATE. 

I,  ,    (here  officer  issuing  certificate  shall  insert  his  name  and  official  title  and 

by  what  authority  he  issues  said  certificate)  hereby  certify  that  there  personally 
appeared  before  me,  —  — ,  (here  insert  name  of  child),  and  that  he,  or  she,  has  been 
duly  examined  by  me  and  found  by  me  to  be  able  to  read  and  legibly  write  simple 


142  Revised  School  Laws. 

sentences  in  the  English  language ;  and  I  further  certify  that  In  my  opinion  the  said 
child  is  fourteen  years  of  age  or  over  and  has  reached  the  normal  development  of  a 
child  of  his,  or  her,  age,  and  is  in  sufficiently  sound  health  and  physically  able  to 
perform  the  work  which  he,  or  she,  intends  to  do,  which,  according  to  the  statement  of 
the  child,  is  as  follows:  —  —  (here  insert  kind  of  work  child  states  he,  or  she,  intends 
to  perform). 

I  further  certify  that  I  have  received,  examined,  approved,  signed  and  filed  in  my 
office  at  —  — ,  (here  insert  address  of  officer  issuing  certificate),  the  papers  required 
by  the  statutes  of  Missouri  pertaining  to  the  issuance  of  employment  certificates  to 
children  over  fourteen  years  of  age. 

I  further  certify  that  the  child  in  whose  name  this  certificate  is  issued  has  signed 
his,  or  her,  name  in  my  presence.  His,  or  her,  full  name  is  —  — ,  (here  insert  full 
name  of  child  in  whose  behalf  certificate  is  issued).  -  -  (here  state  whether  male 

or  female   child)  ;    residence  ;   born  on   the day  of (month)  ;   - 

(year),  at  -. (place  of  birth)  ;  color  of  hair  is  —   — ;  of  eyes  is  —   — ;  height,  -    — ; 

weight,  ;  (here  insert  distinguishing  facial  marks). 

In  the  event  this  certificate  is  lost,  a  duplicate  may  be  issued  upon  the  payment 
of  a  fee  of  50  cents. 

Signed  this day  of (month), (year),  at (place  of  issuance). 


(Signature  and  official  title  of  officer  issuing  certificate.) 


(Signature  and  address  of  child  on  whose  behalf  certificate  is  issued.) 

Section  1725.  Persons  issuing  certificates  to  transmit  list  of 
same  monthly  to  factory  inspector. — The  superintendent  of  instruc- 
tion, or  other  person  authorized  to  issue  employment  certificates, 
shall  transmit,  between  the  first  and  tenth  days  of  each  month,  to 
the  office  of  the  factory  inspector,  upon  blanks  to  be  furnished  by 
him,  a  list  of  the  names  of  the  children  to  whom  certificates  have 
been  issued.  Such  list  shall  give  the  name  of  the  prospective  em- 
ployer, if  known,  and  the  nature  of  the  occupation  the  child  intends 
to  engage  in. 

Section  1726.  Presence  of  child,  prima  facie  evidence  of  em- 
ployment.— The  presence  of  any  person  under  the  age  of  sixteen 
years  in  any  place  where  labor  is  employed  shall  constitute  prima 
facie  evidence  of  his,  or  her,  employment  therein. 

Section  1726a.  Boys  under  10  and  girls  under  16  not  to  sell 
papers,  etc.,  in  certain  places. — No  boy  under  ten  and  no  girl  under 
sixteen  years  of  age  shall  sell,  or  expose,  or  offer  for  sale,  news- 
papers, magazines,  periodicals,  or  other  merchandise  in  any  street 
or  hotels,  railway  stations,  places  of  public  amusement,  places 
where  intoxicating  liquors  are  manufactured  or  sold  or  public  office 
buildings  within  the  state. 

Section  1726b.  Children  under  the  age  of  16  not  to  be  em- 
ployed in  certain  occupations. — No  child  under  the  age  of  sixteen 
years  shall  be  employed,  permitted  or  suffered  to  work  at  any  of 
the  following  occupations  or  in  any  of  the  following  positions: 
Sewing  machine  belts  in,  any  workshop  or  factory,  or  assisting 
therein  in  any  capacity  whatever;  adjusting  any  belt  to  any  ma- 
chinery; oiling,  wiping  or  cleaning  machinery  or  assisting  therein; 


Revised  School  Laios.  143 

operating,  or  assisting  in  operating — circular  saws;  wood  jointers; 
wood  shapers;  planers;  sandpaper  or  wood-polishing' machinery; 
picker  machines ;  machines  used  in  picking  wool ;  machines  used  in 
picking  cotton;  machines  used  in  picking  hair;  machines  used  in 
picking  upholstering  material;  paper-lacing  machines;  leather- 
burnishing  machines;  burnishing  machines  in  any  tannery  or 
leather  manufactory;  job  or  cylinder  printing  presses,  operated  by 
power  other  than  foot  power;  emery  or  polishing  wheels  used  for 
polishing  metal;  woodturning  or  boring  machinery;  stamping  ma- 
chines used  in  sheet  metal  and  tinware  manufacturing;  stamping 
machines  used  in  washer  and  nut  factories ;  corrugating  rolls,  such 
as  are  used  in  roofing  and  washboard  factories;  steam  boilers; 
steam  machinery ;  or  other  steam  generating  apparatus ;  dough 
brakes ;  or  cracker  machinery  of  any  description ;  wire  or  strength- 
ening machinery ;  rolling  mill  machinery,  punches  or  shears ;  wash- 
ing, grinding  or  mixing  mills ;  calender  rolls  in  rubber  manufactur- 
ing; laundry  machinery. 

Section  1726c.  Children  under  16  not  to  be  employed  in  manu- 
facture of  certain  goods,  or  in  certain  positions. — No  child  under 
the  age  of  sixteen  years  shall  be  employed,  permitted  or  suffered 
to  work  in  any  capacity  in,  about  or  in,  connection  with  the — pre- 
paring any  composition  in  which  dangerous  or  poisonous  acids  or 
alkalies  are  used;  manufacture  of  paints,  colors  or  white  lead; 
dipping,  drying  or  packing  matches;  manufacturing,  packing  or 
storing  powder,  dynamite,  nitroglycerine  compounds,  fuses  or  other 
explosives;  manufacture  of  goods  for  immoral  purposes;  nor  in, 
about  or  in  connection  with  any — brewery,  or  other  establishment 
where  malt  or  alcoholic  liquors  are  manufactured,  packed,  wrapped 
or  bottled;  hotel;  concert  hall;  moving  picture  shows;  pool  and 
billiard  halls ;  wholesale  drug  store ;  saloon,  or  place  of  amusement ; 
nor  in  operating  any  automobile,  motor  car  or  truck ;  nor  in.  bowling 
alleys;  nor  in  any  other  employment  declared  by  the  state  factory 
inspector  to  be  dangerous  to  lives  and  limbs,  or  injurious  to  the 
health  or  morals  of  children  under  the  age  of  sixteen. 

Section  1726d.  Penalty. — The  violation  of  any  of  the  pro- 
visions of  this  act  shall  be  deemed  a  misdemeanor  and  every  day's 
violation  shall  constitute  a  separate  offense,  and  any  person,  firm 
or  corporation  committing  such  violation  shall  be  punished  by  a 
fine  of  not  more  than  $100.00,  or  by  imprisonment  in  the  county 
jail  not  exceeding  one  year,  or  by  both  such  fine  and  punishment. 

Sec.  2.  Child  may  be  excused  temporarily,  when. — Section 
10897  of  the  Revised  Statutes  of  Missouri  of  1909  is  hereby  amend- 
ed by  striking  out  of  the  tenth  and  eleventh  lines  thereof,  after  the 
word  "road"  in  the  tenth  line  thereof,  the  following  words,  to-wit, 
"or  that  the  labor  of  said  child  is  absolutely  necessary  for  the  sup- 
port of  the  family,"  so  that  said  section  thus  amended  shall  read 
as  follows:  "Section  10897.  A  child  between  the  ages  aforesaid 
may  be  excused  temporarily  from  complying  with  the  provisions 


144  Revised  School  Laws. 

of  sections  10896  to  10905,  inclusive,  in  whole  or  in  part,  if  it  can 
be  shown  to  the  satisfaction  of  a  court  of  competent  jurisdiction 
that  said  parent,  or  guardian,  or  person  having  charge  or  control 
of  said  child,  is  not  able,  through  extreme  destitution,  to  provide 
or  obtain  in  any  way  proper  clothing  for  said  child;  or  that  said 
child  is  mentally  or  physically  incapacitated  to  attend  school  for 
the  whole  period  required,  or  any  part  thereof,  or  that  there  is  no 
public  school  taught  within  two  and  one-half  miles  of  the  residence 
of  said  child  by  the  nearest  traveled  road,  or  that  said  child  has 
completed  the  common  school  course  as  prescribed  by  constituted 
authority,  or  its  equivalent,  and  has  received  a  certificate  of  gradu- 
ation therefrom." 

Sec.  3.  Children,  when  excused  from  attendance. — Section 
10907  of  the  Revised  Statutes  of  Missouri  of  1909  is  hereby 
amended  by  striking  out  of  the  tenth  and  eleventh  lines  thereof 
the  following  words,  to  wit:  "or  that  the  labor  of  said  child  is 
absolutely  necessary  for  the  support  of  the  family ;"  and  by  strik- 
ing out  all  that  part  of  said  section,  beginning  in  the  thirteenth 
line  thereof  with  the  words:  "Provided,  hoivever,"  and  ending 
with  word  "officer,"  being  the  last  word  of  said  section,  so  that  said 
section  thus  amended  shall  read  as  follows:  "Section.  10907.  A 
child  between  the  ages  aforesaid  may  be  excused  temporarily  from 
complying  with  the  provisions  of  sections  10906  to  10917,  inclusive, 
in  whole  or  in  part,  if  it  be  shown  to  the  satisfaction  of  the  attend- 
ance officer,  or  if  he  declines  to  excuse  to  the  satisfaction  of  a  court 
of  competent  jurisdiction,  that  said  parent,  guardian,  or  person 
having  charge,  control  or  custody  of  said  child  is  not  able,  through 
extreme  destitution,  to  provide  or  obtain  in  any  way  proper  cloth- 
ing for  said  child;  or  that  said  child  is  mentally  or  physically  in- 
capacitated to  attend  school  for  the  whole  period  required,  or  any 
part  thereof,  or  that  said  child  has  completed  the  common  school 
course,  as  prescribed  by  constituted  authority,  or  its  equivalent, 
and  has  received  a  certificate  of  graduation  therefrom."  (Session 
Acts,  1911.) 

In    connection   with    this,    read    sections    10896-10905    on    compulsory    attendance    of 
children* 

Sec.  4560.  Claims  corruptly  allowed  by  county  courts  and 
other  officers. — Any  member  of  the  county  court,  common  council 
or  board  of  trustees,  or  officer  or  agent  of  any  county,  city,  town, 
village,  school  township,  school  district  or  other  municipal  corpora- 
tion, who  shall,  in  his  official  capacity,  willfully  or  corruptly  vote 
for,  assent  to  or  report  in  favor  of,  or  allow  or  certify  for  allow- 
ance, any  claim  or  demand,  or  any  part  thereof,  against  the  county, 
city,  town,  village,  school  township,  school  district  or  other  munic- 
ipal corporation,  of  which  he  is  such  officer  or  agent,  or  against 
the  county  court,  common  council  or  board  of  trustees  of  which 
he  is  a  member — such  claim  or  demand,  or  part  thereof,  being  for 
or  on  account  of  any  contract  or  demand  or  service  not  authorized 
or  made  as  provided  or  required  by  law — every  such  person  so 


Revised  School  Laws.  145 

offending  shall,  on  conviction,  be  punished  by  imprisonment  in  the 
penitentiary  not  more  than  five  years,  or  by  a  fine  of  not  less  than 
one  hundred  nor  more  than  five  thousand  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  two  nor  more  than  twelve 
months,  or  by  both  such  fine  and  imprisonment.  (R.  S.  1899,  § 
1922.) 

Sec.  4615.     Injury    of    schoolhouses    and    church    buildings. 

Every  person  who  shall  injure,  deface  or  destroy  any  building  used 
as  a  schoolhouse,  or  any  church  building  or  other  building  used  for 
such  purposes  or  for  other  religious  or  educational  purpose,  or 
any  furniture,  fixtures  or  apparatus  thereto  belonging,  or  who  shall 
deface,  mar  or  disfigure  any  such  building,  or  any  part  thereof,  or 
the  fixtures  therein,  by  writing,  painting,  cutting  or  pasting  thereon 
any  likeness,  figures,  words  or  device,  or  who  shall  commit  any  tres- 
pass upon  the  land  connected  with  said  schoolhouse  and  used  for 
school  or  educational  purposes,  by  removing  therefrom  the  water, 
contained  in  any  well,  cistern  or  reservoir,  in  which  water  is  gath- 
ered or  kept  for  the  supply  of  said  schoolhouse  or  those  attending 
the  same,  and  without  the  permission,  in  writing,  of  the  person  or 
persons  having  the  legal  control  of  said  schoolhouse  and  land,  or  who 
shall  in  any  manner  pollute  the  water  contained  in  any  well,  cistern 
or  reservoir,  shall  be  deemed  guilty  of  a  misdemeanor.  (R.  S.  1899, 
§  1974.) 

Sec.  4713.  Disturbing  religious  assemblies. — Every  person 
who  shall  willfully,  maliciously  or  contemptuously  disquiet  or  dis- 
turb any  camp  meeting,  congregation  or  other  assembly  met  for  re- 
ligious worship,  or  when  meeting  at  the  place  of  worship,  or  dis- 
persing therefrom,  or  any  school  or  other  meeting  or  assembly  of 
people  met  together  for  any  lawful  purpose  whatever,  by  making 
a  noise,  or  by  rude  or  indecent  behavior  or  profane  discourse  within 
the  place  of  assembly,  or  so  near  the  same  as  to  interrupt  or  dis- 
turb the  order  or  solemnity  thereof,  or  who  shall  willfully  menace, 
threaten  or  assault  any  person  there  being,  shall  be  deemed  guilty 
of  a  misdemeanor.  (R.  S.  1899,  §  2160.) 

Sec.  4734.  Sale  and  gift  of  cigarettes  or  cigarette  paper  for- 
bidden— penalty. — Any  person  who  shall,  by  himself,  his  servant  or 
agent,  or  as  the  servant  or  agen.t  of  any  other  person,  directly  or 
indirectly,  or  upon  any  pretense^  or  by  any  device,  sell,  give  away  or 
otherwise  dispose  of,  unto  any  person  under  the  age  of  eighteen 
years,  any  cigarette,  cigarette  paper  or  cigarette  wrappers,  or  any 
substitute  therefor,  or  any  paper  made  or  prepared  for  the  purpose 
of  making  cigarettes  or  any  substitute  therefor,  or  for  the  purpose 
of  being  filled  with  tobacco  for  smoking,  shall  be  adjudged  guilty  of 
a  misdemeanor,  and,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for 
the  first  offense,  and  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars  for  the  second  offense ;  and  provided 
further,  that  one-half  of  the  fine  recovered  shall  go  to  the  corn- 
s'. L.— 10 


146  Revised  School  Laivs. 

plaining  witness.  (Laws  1903,  p.  164,  amended,  Laws  1909,  p. 
447.) 

Sec.  4735.  Use  of  cigarettes  by  minors  in  public  places  for- 
bidden— penalty. — Every  person,  over  the  age  of  ten  years  and 
under  the  age  of  eighteen  years,  who  shall  smoke  or  use  cigarettes 
on  any  public  road,  street,  alley,  park,  or  other  lands  used  for  public 
purposes,  or  in  any  public  place  of  business  or  amusement,  or  upon 
and  railroad  train  or  street  car,  shall,  upon,  conviction,  be  adjudged 
guilty  of  a  misdemeanor,  and  punished  by  a  fine  of  not  more  than 
ten  dollars.  (Laws  1909,  p.  447.) 

Sec.  1249.  Bonded  debt  of  counties,  cities,  etc.,  may  be 
funded — question  to  be  submitted. — The  various  counties  in  this 
state,  for  themselves,  as  well  as  in  behalf  of  any  township  or  parts 
of  townships  for  which  said  counties  may  have  heretofore  issued 
any  bonds,  and  the  several  cities,  villages,  incorporated  towns  and 
school  districts,  are  hereby  authorized  by  their  respective  county 
courts,  and  the  said  cities,  villages  and  incorporated  towns  by  their 
authorities,  and  the  said  school  districts  by  their  respective  school 
boards,  to  fund  any  part  or  all  of  their  existing  bonded  indebtedness, 
including  any  judgments,  bonds,  or  coupons,  at  a  lower  rate  of 
interest,  and  for  that  purpose  may  issue,  negotiate,  sell  and  deliver 
renewal  or  funding  bonds,  and  with  the  proceeds  thereof  pay  off, 
redeem  and  cancel  old  bonds,  as  the  same  are  called  for  redemption : 
Provided,  that  such  funding  bonds  shall  not  be  sold  for  less  than 
the  par  value  thereof,  and  that  in  no  case  shall  the  amount  of  the 
debt  of  any  such  county  or  township  or  parts  of  townships,  or  city, 
village,  incorporated  town  or  school  district,  nor  the  rate  of  interest 
on  such  debt,  be  increased  or  enlarged  under  the  provisions  of  this 
chapter ;  and  provided  also,  that  no  funding  bonds  issued  under  this 
chapter  shall  be  payable  in  less  than  five  nor  more  than  thirty 
years  from  the  date  thereof,  and  that  such  funding  bond  shall  be 
of  the  denomination  of  not  more  than  one  thousand  dollars  nor  less 
than  one  hundred  dollars,  and  shall  bear  interest  not  to  exceed  five 
per  cent,  per  annum,  payable  annually  or  semiannually,  and  to  this 
en,d  each  bond  shall  have  annexed  interest  coupons,  and  the  funding 
bonds  and  coupons  shall  be  made  payable  to  bearer:  Provided, 
that  nothing  in  this  act  shall  be  so  construed  as  prohibiting  any 
county,  city,  township  or  school  district  having  a  bonded  debt  from 
refunding  such  debt  without  the  submission  of  the  question  to  a 
popular  vote,  whenever  such  refunding  can  be  done  at  a  lower  rate 
of  interest  than  the  bonds  so  refunded  bore.  (R.  S.  1899,  §  5157, 
amended,  Laws  1901,  p.  52.) 

23  Mo.  483 ;  33  Mo.  440  ;  36  Mo.  294 ;  38  Mo.  450 ;  41  Mo.  453 ;  44  Mo.  197,  504 ;  45  Mo.  458 ; 
47-  Mo.  349 ;  48  Mo.  167,  390 ;  50  Mo.  338,  GOO ;  51  Mo.  479,  522 ;  54  Mo.  58 ;  56  Mo.  126 ; 
62  Mo.  188 ;  67  Mo.  353,  445 ;  69  Mo.  150,  224 ;  72  Mo.  329,  496 ;  85  Mo.  41 ;  86  Mo.  551 ;  92  Mo.  511 ; 
93  Mo.  608;  96  Mo.  29;  101  Mo.  136;  106  Mo.  659;  109  Mo.  248;  112  Mo.  126;  113  Mo!  297; 
116  Mo.  129;  120  Mo.  577;  121  Mo.  614;  123  Mo.  72;  128  Mo.  427;  45  A.  660;  69  A.  660.  Where 
vote  held  necessary.  42  Mo.  171;  45  Mo.  242;  48  Mo.  167,  390;  51  Mo.  350;  67  Mo.  445. 
Irregularities.  33  Mo.  440 ;  36  Mo.  294 ;  47  Mo.  349  ;  48  Mo.  390,  167 ;  45  A.  660.  When  void. 


Revised  School  Laws.  147 

48  Mo.  167;  56  Mo.  126;  66  Mo.  498;  67  Mo.  345,  445.  Conflict,  federal  and  state  courts. 
72  Mo.  499;  75  Mo.  246;  77  Mo.  573;  106  Mo.  659.  A  bona  fide  holder  for  value  has  right 
to  presume  the  issue  regular.  51  Mo.  483;  54  Mo.  58;  7  A.  294.  Tender.  107  Mo.  50. 
Dealing  with  agent,  etc.  143  Mo.  13. 

This  section  vests  the  board  of  directors  with  authority  to  refund  the  bonded 
indebtedness  of  the  district  at  a  less  rate  of  interest  at  any  time  after  it,  by  the  terms 
of  the  bonds,  becomes  payable  at  the  option  of  the  board,  and  before  final  maturity 
thereof. 

Sec.  1275.  Bonds  to  be  registered. — Before  any  bond  here- 
after issued  by  any  county,  city,  town,  village  or  school  district,  for 
any  purpose  whatever,  shall  obtain  validity  or  be  negotiated,  such 
bond  shall  first  be  presented  to  the  state  auditor,  who  shall  register 
the  same  in  a  book  or  books  provided  for  that  purpose,  in  the  same 
manner  as  the  state  bonds  are  now  registered,  and  who  shall  certify 
by  indorsement  on  such  bond  that  all  the  conditions  of  the  laws 
have  been  complied  with  in  its  issue,  if  that  be  the  case,  and  also 
that  the  conditions  of  the  contract  under  which  they  were  ordered 
to  be  issued  have  also  been  complied  with,  an.d  the  evidence  of  that 
fact  shall  be  filed  and  preserved  by  the  auditor ;  but  such  certificate 
shall  be  prima  facie  evidence  only  of  the  facts  therein  stated,  and 
shall  not  preclude  or  prohibit  any  person  from  showing  or  proving 
the  contrary  in  any  suit  or  proceeding  to  test  or  determine  the 
validity  of  such  bonds,  or  the  power  of  any  county  court,  city  or 
town  council  or  board  of  trustees,  or  school  board  or  other  authority, 
to  issue  such  bonds;  and  the  remedy  of  injunction  shall  also  lie  at 
the  instance  of  any  taxpayer  of  the  respective  county,  city,  town, 
village,  township  or  school  district,  to  prevent  the  registration  of 
any  bonds  alleged  to  be  illegally  issued  or  funded  under  any  of  the 
provisions  of  this  article.  (R.  S.  1899,  §  5167.) 

Sec.  1247.  Contractors  with  counties,  cities,  school  districts, 
etc.,  to  give  bond. — All  counties,  cities,  towns  and  school  districts 
making  contracts  for  public  work  of  any  kind  to  be  done  for  such 
county,  city,  town  or  school  district  shall  require  every  contractor 
to  execute  a  bond  with  good  and  sufficient  securities,  and  such  bond, 
among  other  conditions,  shall  be  conditioned  for  the  payment  for 
all  material  used  in  such  work,  and  all  labor  performed  on  such 
work,  whether  by  subcontract  or  otherwise.  (R.  S.  1899,  §  6761.) 

Sec.  11073.  Diplomas  and  certificates — secretary  of  each 
board  and  state  superintendent  to  make  annual  report. — The  normal 
diploma,  conferred  upon  completing  the  "advanced  course,"  shall 
entitle  the  holder  thereof  to  teach  in  any  county  in  this  state,  with- 
out further  examination,  until  revoked  by  the  board  of  regents  or 
curators  granting  the  same,  or  by  the  county  school  commissioner, 
or  state  superintendent  of  schools,  for  incompetency,  cruelty,  im- 
morality, drunkenness  or  neglect  of  duty;  and  the  normal  certifi- 
cate, granted  upon  completing  the  "elementary  course,"  shall  bear 
the  names  of  the  branches  of  study  completed  and  the  grades  sus- 
tained in  each ;  and  said  certificate  shall  in  like  manner  entitle  the 
holder  thereof  to  teach  the  branches  therein  named  for  a  period 


148  Revised  School  Laws. 

of  two  years  from  date,  unless  sooner  revoked  by  said  board,  or 
county  school  commissioner,  or  state  superintendent  of  schools,  for 
one  or  more  of  the  causes  above  specified ;  and  the  provisions  of  this 
section  shall  apply  to  the  normal  department  of  the  university  of 
Missouri  and  to  Lincoln  Institute.  The  secretary  of  each  board 
shall  annually,  in  the  month  of  June,  transmit  to  the  state  superin- 
tendent the  names  of  those  receiving  such  diploma  or  certificate, 
with  reference  and  date  of  issue,  and  the  state,  superintendent  shall 
annually,  in  the  month  of  August,  forward  to  each  county  commis- 
sioner a  printed  list  of  persons  holding  state  certificates  now  in 
force,  and  those  authorized  to  teach  under  the  provisions  of  this 
section,  giving  name,  residence,  date  of  qualification,  and  by  whom 
conferred,  and  the  date  each  normal  certificate  expires;  and  the 
holder  of  such  state  certificate,  normal  diploma  or  normal  certifi- 
cate shall,  before  commencing  to  teach  a  public  school  in  any  county 
in  this  state,  notify  the  county  commissioner  thereof  of  such  fact, 
give  date  of  qualification,  and  by  whom  conferred.  (R.  S.  1899,  § 
9993,  amended,  Laws  1909,  p.  851.) 

Sec.  11078.  Annual  report  of  president  of  board,  shall  contain 
what. — The  president  of  each  of  the  boards  of  regents  of  the  normal 
schools  shall  make  to  the  state  superintendent  of  public  schools  an 
annual  report  in  the  month  of  August  in  each  year,  which  shall  con- 
tain a  full  account  of  the  acts  of  said  board,  of  all  receipts  of  moneys 
from  appropriations,  tuition  fees  and  all  other  sources,  and  the 
disbursements  thereof  and  for  what  purposes,  and  the  condition 
of  said  normal  schools ;  also  a  list  of  the  names  of  all  students  that 
may  have  been  taught  in  the  respective  normal  schools  during  the 
preceding  year,  with  the  age  and  place  of  residence  of  each,  the 
number  of  terms  enrolled,  the  number  of  days  each  has  been  taught, 
and  the  amount  of  tuition  or  incidental  fees  paid.  (R.  S.  1899,  § 
9998,  amended,  Laws  1909,  p.  851.) 

Sec.  11132.  Selling  liquor  to  students — penalty. — Any  person 
who  shall  knowingly  sell,  give  or  in  any  manner  dispose  of  any 
intoxicating  liquor  to  any  student  of  the  university  of  the  state 
of  Missouri,  or  of  any  school  or  college  or  academy  in  this  state, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  convic- 
tion, be  punished  by  a  fine  of  not  less  than  forty  nor  more  than  four 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
three  months  nor  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment: Provided,  that  it  shall  be  lawful  for  druggists  to  sell 
or  give  such  liquor  to  any  student  upon  the  written  prescription  of 
a  regular  practicing  physician  in  good  standing:  Provided,  that 
nothing  in  this  section  shall  be  so  construed  as  to  apply  to  any 
mercantile  or  business  college.  (Laws  1909,  p.  884.) 


Revised  School  Laws.  149 


PROVISIONS  OF  THE  CONSTITUTION  OF  MISSOURI. 

ARTICLE  VIII— SUFFRAGE. 

Sec.  2.  Every  male  citizen  of  the  United  States,  and  every 
male  person  of  foreign  birth  who  may  have  declared  his  intention 
to  become  a  citizen  of  the  United  States  according  to  law,  not  less 
than  one  year  nor  more  than  five  years  before  he  offers  to  vote,  who 
is  over  the  age  of  twenty-one  years,  possessing  the  following  quali- 
fications, shall  be  entitled  to  vote  at  all  elections  by  the  people : 

First — He  shall  have  resided  in  the  state  one  year  immediately 
preceding  the  election  at  which  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  county,  city  or  town 
1  where  he  shall  offer  to  vote  at  least  sixty  days  immediately  preced- 
ing the  election. 

Sec.  7.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  a  residence  by  reason,  of  his  presence,  or  lost  it  by 
reason  of  his  absence,  while  employed  in  service,  either  civil  or 
military,  of  this  state  or  of  the  United  States,  nor  while  engaged  in 
the  navigation  of  the  waters  of  the  state  or  of  the  United  States, 
or  of  the  high  seas,  nor  while  a  student  of  any  institution  of  learn- 
ing, nor  while  kept  in  a  poorhouse  or  other  asylum  at  public  expense, 
nor  while  confined  in  public  prison. 

Sec.  8.  No  person,  while  kept  at  any  poorhouse  or  other 
asylum,  at  public  expense,  nor  while  confined  in  any  public  prison, 
shall  be  entitled  to  vote  at  any  election  under  the  laws  of  this 
state. 

Sec.  11.  No  officer,  soldier  or  marine,  in  the  regular  army  or 
navy  of  the  United  States,  shall  be  entitled  to  vote  at  any  election 
in  this  state. 

Sec.  12.  No  person  shall  be  elected  or  appointed  to  any  office 
in,  this  state,  civil  or  military,  who  is  not  a  citizen  of  the  United 
States,  and  who  shall  not  have  resided  in  this  state  one  year  next 
preceding  his  election  or  appointment. 


ARTICLE  X— TAXATION. 

Sec.  11.  Taxes  for  county,  city,  town  and  school  purposes  may 
be  levied  on  all  subjects  and  objects  of  taxation;  but  the  valuation 
of  property  therefor  shall  n,ot  exceed  the  valuation  of  the  same 
property  in  such  town,  city  or  school  district  for  state  and  county 
purposes.  For  county  purposes  the  annual  rate  on  property,  in 
counties  having  six  million  dollars  or  less,  shall  not,  in.  the  aggre- 
gate, exceed  fifty  cents  on  the  hundred  dollars  valuation;  in  coun- 
ties having  six  million  dollars  and  un,der  ten  million  dollars,  said 
rate  shall  not  exceed  forty  cents  on  the  hundred  dollars  valuation; 


150  Revised  School  Laws. 

in  counties  having  ten  million  dollars  and  under  thirty  million  dol- 
lars, said  rate  shall  not  exceed  fifty  cents  on  the  hundred  dollars 
valuation;  and  in  counties  having  thirty  million  dollars  or  more, 
said  rate  shall  not  exceed  thirty-five  cents  on  the  hundred  dollars 
valuation.  For  city  and  town  purposes,  the  annual  rate  on  prop- 
erty in  cities  and  towns  having  thirty  thousand  inhabitants  or  more 
shall  not,  in  the  aggregate,  exceed  one  hundred  cents  on  the  hundred 
dollars  valuation ;  in  cities  and  towns  having  less  than  thirty  thou- 
sand and  over  ten  thousand  inhabitants,  said  rate  shall  not  exceed 
sixty  cents  on  the  hundred  dollars  valuation;  in  cities  and  towns 
having  less  than  ten  thousand  and  more  than  one  thousand  inhabit- 
ants, said  rate  shall  not  exceed  fifty  cents  on  the  hundred  dollars 
valuation;  and  in  towns  having  one  thousand  inhabitants  or  less, 
said  rate  shall  not  exceed  twenty-five  cents  on  the  hundred  dollars 
valuation.  For  school  purposes  in  districts  composed  of  cities, 
which  have  one  hundred  thousand  inhabitants  or  more,  the  annual 
rate  on  property  shall  not  exceed  sixty  cents  on  the  hundred  dollars 
valuation,  and  in  other  districts  forty  cents  on  the  hundred  dollars 
valuation:  Provided,  the  aforesaid  annual  rates  for  school  pur- 
poses may  be  increased  in  districts  formed  of  cities  and  towns 
to  an  amount  not  to  exceed  one  dollar  on  the  hundred  dollars 
valuation,  and  in  other  districts  to  any  amount  not  to  exceed 
sixty-five  cents  on  the  hundred  dollars  valuation,  on  the  condi- 
tion that  a  majority  of  the  voters  who  are  taxpayers,  voting 
at  an  election  held  to  decide  the  question,  vote  for  said 
increase.  For  the  purpose  of  erecting  public  buildings  in  coun- 
ties, cities  or  school  districts,  the  rates  of  taxation  herein  limited 
may  be  increased  when  the  rate  of  such  increase  and  the  purpose 
for  which  it  is  intended  shall  have  been  submitted  to  a  vote  of  the 
people,  and  two-thirds  of  the  qualified  voters  of  such  county,  city 
or  school  district  voting  at  such  election  shall  vote  therefor.  The 
rate  herein  allowed  to  each  county  shall  be  ascertained  by  the 
amount  of  taxable  property  therein,  according  to  the  last  assess- 
ment for  state  and  county  purposes,  and  the  rate  allowed  to  each 
city  or  town,  by  the  number  of  inhabitants,  according  to  the  last 
census  taken  under  the  authority  of  the  state,  or  the  United  States ; 
said  restrictions  as  to  the  rates  shall  apply  to  taxes  of  every  kind 
and  description,  whether  general  or  special,  except  taxes  to  pay 
valid  indebtedness  now  existing  or  bonds  which  may  be  issued  in 
renewal  of  such  indebtedness :  Provided,  that  the  city  of  St.  Louis 
may  levy  for  municipal  purposes,  in  addition  to  the  municipal  rate 
of  taxation  above  provided,  a  rate  not  exceeding  the  rate  which 
would  be  allowed  for  county  purposes  if  said  city  were  part  of  a 
county. 

Sec.  12.  No  county,  city,  town,  township,  school  district  or 
other  political  corporation  or  subdivision  of  the  state  shall  be  al- 
lowed to  become  indebted  in  any  manner,  or  for  any  purpose,  to 
an  amount  exceeding  in  any  year  the  income  and  revenue  provided 
for  such  year,  without  the  assent  of  two-thirds  of  the  voters  thereof, 


Revised  School  Laws.  151 

voting  at  an  election  to  be  held  for  that  purpose;  nor  in  cases  re- 
quiring such  assent  shall  any  indebtedness  be  allowed  to  be  incurred 
to  an,  amount,  including  existing  indebtedness,  in  the  aggregate 
exceeding  five  per  centum  on  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  assessment  next  before  the  last 
assessment  for  state  and  county  purposes,  previous  to  the  in- 
curring of  such  indebtedness:  Provided,  that  with  such  assent 
any  county  may  be  allowed  to  become  indebted  to  a  larger  amount 
for  the  erection  of  a  courthouse  or  jail;  and  provided  further,  that 
any  county,  city,  town,  township,  school  district,  or  other  political 
corporation  or  subdivision  of  the  state,  incurring  any  indebtedness 
requiring  the  assent  of  the  voters  aforesaid,  shall  before  or  at  the 
time  of  doing  so  provide  for  the  collection  of  an  annual  tax  suf- 
ficient to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and 
also  to  constitute  a  sinking  fund  for  payment  of  the  principal  there- 
of, within  twenty  years  from  the  time  of  contracting  the  same. 


ARTICLE  XI— EDUCATION. 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence 
being  essential  to  the  preservation  of  the  rights  and  liberties  of  the 
people,  the  general  assembly  shall  establish  and  maintain  free  public 
schools  for  the  gratuitous  instruction  of  all  persons  in  this  state 
between  the  ages  of  six  and  twenty  years. 

Sec.  2.  The  income  of  all  the  funds  provided  by  the  state  for 
the  support  of  free  public  schools  shall  be  paid  annually  to  the 
several  county  treasurers,  to  be  distributed  according  to  law;  but 
no  school  district  in  which  a  free  public  school  has  not  been  main- 
tained at  least  three  months  during  the  year  for  which  the  distribu- 
tion is  made  shall  be  entitled  to  receive  any  portion  of  such  funds. 
.  Sec.  3.  Separate  free  public  schools  shall  be  established  for 
the  education  of  children  of  African  descent. 

Sec.  4.  The  supervision  of  instruction  in  the  public  schools 
shall  be  vested  in  a  "board  of  education,"  whose  powers  and  duties 
shall  be  prescribed  by  law.  The  superintendent  of  public  schools 
shall  be  president  of  the  board ;  the  governor,  secretary  of  state  and 
attorney-general  shall  be  ex  officio  members,  and,  with  the  superin- 
tendent, compose  said  board  of  education. 

Sec.  5.  The  general  assembly  shall,  whenever  the  public  school 
fund  will  permit,  and  the  actual  necessity  of  the  same  may  require, 
aid  and  maintain  the  state  university  now  established,  with  its 
present  departments.  The  government  of  the  state  university  shall 
be  vested  in  the  board  of  curators,  to  consist  of  nine  members,  to 
be  appointed  by  the  governor,  by  and  with  the  advice  and  consent 
of  the  sen.ate. 


152  Revised  School  Laws. 

Sec.  6.  The  proceeds  of  all  lands  that  have  been  or  hereafter 
may  be  granted  by  the  United  States  to  this  state,  and  not  otherwise 
appropriated  by  this  state  or  the  United  States ;  also,  all  moneys, 
stocks,  bonds,  lands  and  other  property  now  belonging  to  any 
state  fund  for  purposes  of  education;  also,  the  net  proceeds  of  all 
sales  of  lands  and  other  property  and  effects  that  may  accrue  to 
the  state  by  escheats,  from  unclaimed  dividends  and  distributive 
shares  of  the  estates  of  deceased  persons ;  also,  any  proceeds  of  the 
sales  of  the  public  lands  which  may  have  been  or  hereafter  may  be 
paid  over  to  this  state  (if  congress  will  consent  to  such  appropria- 
tion,) ;  also,  all  other  grants,  gifts  or  devises  that  have  been  or 
hereafter  may  be  made  to  this  state,  and  not  otherwise  appropriated 
by  the  state  or  the  terms  of  the  grant,  gift  or  devise,  shall  be  paid 
into  the  state  treasury  and  securely  invested  and  sacredly  pre- 
served as  a  public  school  fund;  the  annual  income  of  which  fund, 
together  with  so  much  of  the  ordinary  revenue  of  the  state  as  may 
be  by  law  set  apart  for  that  purpose,  shall  be  faithfully  appropri- 
ated for  establishing  and  maintaining  the  free  public  schools  and 
the  state  university  in  this  article  provided  for,  and  for  no  other 
uses  or  purposes  whatever. 

Sec.  7.  In  case  the  public  school  fund  now  provided  and  set 
apart  by  law  for  the  support  of  free  public  schools  shall  be  insuf- 
ficient to  sustain  a  free  school  at  least  four  months  in  every  year 
in  each  school  district  in  this  state,  the  general  assembly  may  pro- 
vide for  such  deficiency  in  accordance  with  section  eleven  of  the 
article  on  revenue  and  taxation,  but  in  no  case  shall  there  be  set 
apart  less  than  twenty-five  per  cent,  of  the  state  revenue,  exclusive 
of  the  interest  and  sin.king  fund,  to  be  applied  annually  to  the 
support  of  the  public  schools. 

Sec.  8.  All  moneys,  stocks,  bonds,  lands  and  other  property 
belonging  to  a  county  school  fund;  also,  the  net  proceeds  from  the 
sale  of  estrays ;  also,  the  clear  proceeds  of  all  penalties  and  forfei- 
tures, and  of  all  fines  collected  in  the  several  counties  for  any  breach 
of  the  penal  or  military  laws  of  the  state,  and  all  moneys  which 
shall  be  paid  by  persons  as  an  equivalent  for  exemption  from  mili- 
tary duty,  shall  belong  to  and  be  securely  invested  and  sacredly 
preserved  in  the  several  counties  as  a  county  public  school  fund; 
the  income  of  which  fund  shall  be  faithfully  appropriated  for 
establishing  and  maintaining  free  public  schools  in  the  several 
counties  in  this  state. 

Sec.  9.  No  part  of  the  public  school  fund  of  the  state  shall 
ever  be  invested  in  the  stock  or  bonds  or  other  obligations  of  any 
other  state,  or  of  any  county,  city,  town  or  corporation;  and  the 
proceeds  of  the  sales  of  any  lands  or  other  property  which  now 
belongs  or  may  hereafter  belong  to  said  school  fund  shall  be  in- 
vested in  the  bonds  of  the  state  of  Missouri  or  of  the  United  States. 


Revised  School  Laws.  153 

Sec.  10.  All  county  school  funds  shall  be  loaned  only  upon  un- 
encumbered real  estate  security  of  double  the  value  of  the  loan,  with 
personal  security  in  addition  thereto. 

Sec.  11.  Neither  the  general  assembly  nor  any  county,  city, 
town,  township,  school  district  or  other  municipal  corporation  shall 
ever  make  an  appropriation,  or  pay  from  any  public  fund  whatever, 
anything  in  aid  of  any  religious  creed,  church  or  sectarian  purpose, 
or  to  help  to  support  or  sustain  any  private  or  public  school, 
academy,  seminary,  college,  university  or  other  institution  of  learn- 
ing, controlled  by  any  religious  creed,  church  or  sectarian  denomina- 
tion whatever;  nor  shall  any  grant  or  donation,  of  personal  prop- 
erty or  real  estate  ever  be  made  by  the  state,  or  any  county,  city, 
town  or  other  municipal  corporation,  for  any  religious  creed,  church 
or  sectarian  purpose  whatever. 


INDEX. 


Additions  to  schoolhouses —  Section  Pago 

funds  for,  how  secured 10777  y 

Age — 

when  admitted   21 

Alcoholic  drinks,  narcotics,  etc. — 

effect  to   be  taught 10806  33 

Annexation — 

common  districts  to  city  or  town  districts 10880  85 

disposition  of  moneys  in  case  of 10880  85 

maintenance  of  libraries 10894  105 

restrictions    on     10880  85 

to  cities  of  more  than  100,000,  procedure 10891  103 

election  for 10892  103 

proceedings,    if    carried 10893  104 

when   corporate   limits   extended 10882  86 

Annual  meeting — 

how  organized   10845  59 

powers    of.    10845  59 

when  and   where   held 10844  59 

Appeal- 
change    boundary     10837  50 

when   district  divided  by   county   line 10837  50 

Apportionment  public  moneys — 

errors,    how    corrected 10823  41 

to   counties   by   whom,    when 10822  39 

to    districts,    by    whom : 10822  39 

when   township   is    in   two   counties 10824  42 

Approved  summer  schools— r- 

complimentary   grades   not   to   be   given 10948  126 

grades   accepted   by   whom 10947  126 

Arbitration,  board  of — 

fees,    by    whom    paid 10837  50 

powers    and    duties 10837  50 

qualifications    of    members 10837  50 

to   determine   change   of  boundary 10837  50 

to    determine    valuation    of   property : 10840  55 

Arbor  day — 

how    observed 10801  30 

when    observed     ,  ,  ,  , , 10S01  30 

Association,  county  teachers' — 

(see  county  teachers'  association.) 

(155) 


156  Index. 

Attendance,  compulsory — 

(see  compulsory  attendance.) 


Ballot— 


form    of    for    loan 


10777 


Blanks- 

county    superintendent    to    furnish    districts  .........................  10936  118 

how    distributed    ................................................  10920  110 

how    printed    ....................................................  10925  113 

prescribed  by   State  Superintendent  ................................  10925 

State    Superintendent    to    furnish  ..................................  10936  118 

Blind  children- 

county   clerk   to   certify  list  of  ............................  .  .......  10790  20 

Board  of  directors  — 

admit   nonresident   pupils    ........................................  10785 

cannot   dismiss   teacher    ..............  .  ...........................  10788  19 

cannot   issue   warrant,    when  .......  ...............................  10856  72 

cannot  pay  teacher's   wages,   when  .........  .......................  10856  72 

cannot   rent   buildings,    when  ......................................  10833  46 

convention   ............................  •  ........................  120 

duty  to  visit   school  ..............................................  10789  20 

guilty   of  misdemeanor,   when  .....................................  10965  133 

individuals   responsible  for   tuition,   when  ...........................  10795  25 

majority    to    transact    business  ....................  ................  10849  66 

may  call  special  meeting,  when  ...................................  10798  28 

may   close  colored  school,   when  ............  .......................  10794  24 

may    condemn   site    ..............................................  10792  23 

may  establish   joint  colored  school,   when  ..........................  10794  24 

may  invest  or  loan  sinking  fund  ..................................  10782  13 

may   exchange   funding  bonds  ...............................  .  .....  10780  12 

may  refund  bonds    ...........  ....................................  10779  11 

may  refuse  to  pay  teachers,  when  .................................  10788  19 

may   require  medical  examination  .................................  10786  17 

may  suspend  or  expel  pupils,  when  ................................  10785  15 

may   transfer   certain   funds  .......................................  10857  73 

must  establish  colored  school,  when  ...............................  10794  24 

must   make  provision   for   interest  .................................  10783  13 

organization    of    ........  .........................................  10849  66 

president  to  call   special  meetings  .................................  10787  17 

president   to   receive   expenses,   when.  .  .'  ...............  .............  10856  72 

shall  not  allow  use  of  house,  when  ................................  10784  14 

shall   receive  no   compensation  .....................................  10849  66 

to  call   special  meetings,  when  ......................  .  .............  10799  28 

to  employ   janitor,   etc  ............................................  10784  14 

to  employ  teacher,   when  ..........................................  10787  17 

to   forward  estimate,   when  ........................................  10791  22 

to  have  care  of  property  of  district  ...............................  10784  14 

to  keep  building  and  grounds  in  repair  ............................  10784  14 

to  make  estimate    ...............................................  10791  22 

to   make   rules    ..................................................  10785  15 

to   provide   sinking   fund  ..........................................  10782  13 

to   purchase   library   books  ........................................  8186  138 

to   purchase   supplies    ............................................  10784  14 

to  rent  house  for  school,  when  ....................................  10794  24 

to  sell  renewal  bonds,   when  ......................................  10780  12 

to  submit  proposition  to  increase  tax  ...................  .  ...........  10796  26 

to   take   enumeration,   when  .......................................  10790  20 

vacancy,    how    filled  ..............................................  10850  67 

vacancies,    how    filled  ...........                                                                         ,  10845  59 


Index.  157 

.Board  of  education    (see  board  of   directors) —                                                     Section  Page 

bond    of    treasurer 10873  83 

cannot   employ    members 10884  99 

duties    of    10871  82 

duties   of  president   and   secretary 10868  80 

election    of    members .  10867  80 

guilty   of   misdemeanor,    when 10965  132 

length  of   school    term 10872  82 

may   accept  gifts    for    libraries 10885  100 

may  adopt  textbooks,  when 10968  133 

may    establish    night    schools 10889  102 

may  issue  funding  and   refunding  bonds 10779  11 

may  loan   sinking  fund,  when 10887  101 

organization    of 10868  80 

power  to  establish  libraries ! 10871  82 

shall    select   depositories 10886  100 

tenure    of    members 10866  79 

to   exchange   funding   bonds 10780  12 

to  keep   seal    10872  82 

to  provide  sinking  and  interest  fund 10778  11 

to   publish  financial   report 10884  99 

to  publish  synopsis  compulsory  attendance   law 10902  108 

to    purchase    site ? 10888  102 

treasurer  of,   custodian  of  money 10873  cS3 

vacancies,    how    filled 10866  79 

Bonds — 

board  to  sell  renewal,   when 10780  12 

clerk  to  keep  record  of  destroyed 10781  12 

contractors    to    give 1247  147 

county  or  township  treasurer  responsible  for,  when 10777  9 

denomination    of    .' 10779  11 

funding  and  refunding,   by  whom  issued 10779  11 

funding  may  be  issued • 1249  14G 

how  voted 10777  9 

if  forfeited,    how  recover 10957  130 

interest   on,   when   payable 10779  11 

liability  of  treasurer  for  failure  to  burn 10874  83 

may  be  exchanged,  by  whom 10780  12 

not   to   be   negotiated,   when 10777  9 

of    county    superintendent '. 10931  116 

of   State    Superintendent    10919  110 

of    treasurer 10830  44 

publisher    liable    upon,    when 10957  130 

rate   shall  not   exceed  legal 10778  11 

record  kept,   by  whom 10779  11 

refunded   by   board    10779  11 

refunding,    no   vote   required 1249  146 

shall  not  exceed  5  per  cent  valuation 10778  11 

shall  not  run  for  longer  than  twenty  years 10778  11 

time   and  place  of  payment 10779  11 

to   be   countersigned   by   treasurer 10777  9 

to   be    destroyed,   when,    how 10781  12 

Boundary  line — 

appeal    to    county    superintendent 10837  50 

change,    city  and   town   districts 10881  86 

change,   district  in  two   counties. 10842  56 

change   of,   procedure    10837  50 

change,    when    decided 10845  59 


158  Index. 

Boundary  line— Continued.                                                                                               Section  Pago 

clerk  to  notify  county  clerk  and  county  superintendent 10860  75 

notices,    nature    of 10837 

restrictions   on  change   of 10837 

Bribery — 

in  textbook  adoption,   penalty   for 10973 

Building  fund   (see  funds)  — 

apportionment   in    newly   formed    districts 10841 

rate  of  levy,  when  and  how  determined 10845  59 

special  meeting  for  voting 10797 

Certificates — 

applicant  may  raise  grade  of .  .  ! 10943 

by  whom   issued    10939  121 

complimentary  not   to   be   granted 10948  126 

examination   for,   county    10939  121 

fees   for   examination   for 10944  124 

fees  for  endorsement  of  second  grade 10943  124 

fees  for  renewal  of  first  and  second  grade 10942  123 

grades    to   be   kept 10943  124 

grades  made  in  approved-  summer  schools  to  be  accepted  on 10947  126 

endorsement  of  second  grade  in  adjoining  counties 10943  124 

may  be  revoked    10945  125 

Papers  graded  by  State  'Superintendent 10940  122 

qualifications   necessary    10939  121 

10941  123 

renewal  of  first  and   second  grade,   conditions 10942  123 

special,    to   whom    granted 10939  121 

State    Superintendent   may   grant 10920  110 

teachers    to    have    legal 10804  32 

three  grades,   requirements  for 10939  121 

10941  123 

to  be  filed  with   district  clerk 10787  17 

Cigarettes — 

sale  of  prohibited 4734  145 

use    of    prohibited 4735  146 

Child  labor  law 1715  139 

City  and  town  school  districts — 

annexation    adjoining    districts 10880  85 

annexation   when   corporate   limits   extended 10882  86 

article  IX  not  to  apply  to  certain 1  0849  fi6 

change   boundary   line   of 10881  86 

establishment  of  primary  and  high  schools 10869  81 

exempt    from    textbook    law 10953  128 

exempt,   may  make   textbook   adoptions 1 0968  133 

how    disorganized    10870  81 

not  entitled  to  school  funds,  when 10822  39 

to   establish    libraries 10871  82 

Claims — • 

corruptly    allowed    4560  144 

unjust,    allowed    4560  144 

Classification — 

of   high    schools 10923  112 

of   school   districts .    10775  5 


Index.  159 

C61ored  children —                                                                                                               Section  Page 

cannot   attend   white   school 10793  24 

right  to  attend  in  other  districts 10795  25 

separate  schools   for 10793  24 

Colored  schools — 

board  must  establish,   when 10794  24 

joint,    control    of 10794  24 

joint,   how   maintained 10794  24 

joint,   may  be  established 10794  24 

may   be    closed,    when.  ..'..; 10794  24 

Colored  teachers'  institutes — 

certificate   fee   byv  attendants • 10946  125 

established    10946  125 

fee    10946  125 

grades   made   in 10946  125 

instructors,    how   appointed 10946  325 

Common  school  districts   (see  districts)  — 

Compensation — 

board    of   arbitration 10837  50 

county   clerk    10877  84 

county  clerk  for  school  tax  book 10826  43 

county    collector    , 10828  43 

county    superintendents    10938  119 

county   treasurer    10830  44 

district    clerk    ' 10849  66 

none  to  directors ( 10849  66 

secretary  board   education 10884  99 

textbook  commission    10952  128 

treasurer    board    education 10884  99 

Compulsory  attendance — 

board  may   establish   truant   schools 10900  107 

children  excused,  when  and  how 10897  106 

county   superintendent   to    be   furnished    list 10899a  107 

district  clerk  to   send  warning 10901  108 

employment    of   children    forbidden 1715  139 

1716  339 

1718  140 

1726a  142 

1726b  142 

1726C  143 

officers,  duties    10898  106 

officers,   how   appointed 10898  106 

officers,    rights    10898  106 

parents  and  guardians  required  to  send   children 10896  105 

penalty  for  employment  of  children 1726d  143 

penalty   for  noncompliance 10901  108 

prosecutions,    how   brought 10899a  107 

10905  108 

prosecuting  attorney  shall  act 10899a  107 

synopsis  of  law  to  be  published 10902  108 

teachers  to  be  furnished  with  enumeration  lists 10899  107 

teachers  to  report  delinquents 10899  107 

warning  to  parents  or  guardians 10901  108 

Condemnation — 

board  may  condemn  site 10792  23 

proceedings    (Chap.   22,  Art.  II,  R.   S.  1909). 


160  Index. 


Consolidated  school  districts   (see  also  districts)—  Section  Page 

how    disorganized    1087° 

how    formed    l0883 

89 
how    formed    

how  governed   10883 

00 

petition  for    

what  constitutes    10775 

what   aid    • 

Contagious  diseases — 

board  may  exclude  children  with •. 10786 

board  may  require  medical  examination,  when 10786 

teacher  may  exclude  children   with 10786          17 

Contracts — 

commission  to  enter  into  for  five  years 10960        131 

made  by  majority  of  board 1086S 

penalty  for  attempted  violation 1 

publisher  to  forfeit,   when 10971        133 

rules   part  of,   when 10788 

to  be  made,  how 10787 

to   be  signed   by   whom 10787 

void  if  house  is  destroyed 1078S          19 

Convention — school    board     

County  clerk — 


compensation 


1U877  84 


compensation  of  for  making  school  tax  book. 10826  43 

duty  of  as  to  estimates 10825 

held  responsible  for  funds,  when 10809 

may  be  punished  for  neglect,  when 10802 

must  furnish  tally  sheet 'for  election  returns  of  county  superintendent.  10930  115 

shall  certify  election  county  superintendent 10930  115 

shall  issue  commission  to  county  superintendent 10930  115 

to  apportion  funds  to  districts t 10822  39 

to  assess  building  tax 10797  27 

to  assess  tax,  when 10796  26 

to  certify  lists  of  deaf,  dumb  and  blind.  . 10790  20 

to   list   owners   personal   property 10825  42 

to  make  report  to  State  Superintendent 10827  43 

to  make  school  tax  book 10825  42 

to  sign  October  statement  county   treasurer 10831  45 

County  collector — 

compensation    of 10828  43 

duties  of  to  city  and  town  districts 10878  84 

duty  of    10828  43 

to  collect  delinquent  taxes " 10829  44 

County  court — 

held  responsible  for  funds 1080.9  34 

may  appoint  agent  to  rent  or  manage  .property 10821  38 

may  invest  sinking  fund 10858  74 

may  order  sale  of  property 10819  37 

may  order  sheriff  to  sell  property • 10819  37 

may  purchase  mortgaged  property 10821  38 

may  require  additional  security 10818  37 

shall  furnish  county  superintendent  office , 10931  116 

shall  require  security  for   loans 10816  35 

shall   resell  property,  when 10821  38 

to  collect  and  distribute  funds.  .                                                                         .  10810  34 


Index.  161 

County  court — Continued.                                                                                                  Section  Page 

to  credit  interest  on  sinking  fund 10859  75 

to  have  care  of  township  funds 10813  35 

to   have  jurisdiction   of   funds 10810  34 

to  invest  school  funds,   how 10809  34 

to  loan  surplus  district  funds .    10862  76 

to  preserve  and  loan  county  school  funds 10808  33 

to   renumber   school    districts 10834  48 

to  require  abstract  title  in  making  loans 10816  35 

to   transfer  funds,   when 10824  42 

County  superintendent — 

appeal  to,  change  of  boundary 10837  50 

appoint  board  arbitration 10837  60 

appoint  board  arbitration 10840  55 

bond  of 10931  116 

county  commissioner  shall  become 10929  114 

county   court   shall   furnish   office 10931  116 

duties  of 10935,   10936  118 

election    of    10930  115 

election   returns,    how  certified 10930  115 

Governor  appoints  in  case  of  tie  vote 10930  115 

has   supervision   over   schools 10932  116 

may  be  punished  for  neglect,  when 10802  31 

may  organize   county   association 10934  118 

may  not  act  as  agent 10926  113 

must  furnish  information  to  prosecuting  attorney 10899a     107 

must  grade  teachers  on  professional  qualities 10939  121 

not  to  grant  complimentary  grades  or  certificates 10948  126 

oath  of   10931  116 

office   created    10929  114 

office,    where   kept 10931  116 

powers   and   duties 10932  116 

provide    for   graduation 10933  117 

qualifications    of     10929  114 

salary  of  how  determined,   10719,  R.   S 10938  119 

salary  of,   when  paid 10938  119 

shall  adopt  course  of  study 10933  117 

shall   approve  estimates  and  enumerations 10932  11$ 

shall  assist   district  clerk 10932  116 

shall    compile    statistics 10935  118 

shall  deliver  books  to  successor 10929,  114  ;  10931  116 

shall    distribute    blanks 10935  118 

shall  distribute  school   laws 10935  118 

shall   examine   records 10932  116 

shall  furnish  blanks  to  school  officers 10936  118 

shall  hold  examination   of  pupils 10933  117 

shall    hold    meetings 10933  117 

shall  make  report  to  State  Superintendent 10935  118 

shall  require  teacher  to  make  report 10935  118 

shall    hot    teach 10937  119 

shall  visit  and  examine   schools > 10932  116 

statement  to   district  clerk 10932  116 

term   of  office 10929  114 

to  attend  August  term  county  court 10933  117 

to  attend  convention  or  State  school »  . .  ..   10937  119 

to  fill  vacancy  in  board,  when 10850  67 

to   forfeit   salary,   when 10937  119 

to  keep  record  of  certificate  grades 10943  124 

vote   upon 10845  59 

S 


162  Index. 

County  teachers'  association—  Section  Page 

certificate  fees  to  be  used  for l 

county   superintendent  may  hold * 

duty  of  teacher  to  attend • * 

expenses,    how    paid 10934       llg 

County  textbook  commission    (see  textbook  commission). 

County  treasurer — 

bond    1083°          44 

compensation   of    l 

custodian  of  school  moneys 10830          44 

duties    of    ••••  10830          44 

may  be  punished  for  neglect,  when 10802 

penalty  for  failure  to  make  settlement 1083 

settlement   of    10831 

shall   keep   funds   separate 10857 

shall  not  honor  warrant,  when 10803 

to  be   responsible,  when 10777 

to   collect  interest 10811 

to    countersign    bonds 10777 

to  give  duplicate  receipts 19811,   34  ;  10820          38 

to  pay  treasurer  city  or  town  district 10875          83 

to  report  moneys  invested 10859         75- 

Day,  week,  month  and  year  (see  school  day,  etc.) 

Deaf  and  dumb  children — 

county  clerk  to  certify  list  of 10790         20 

Depository  for  district  funds — 

board  of  education  shall  select 10886       lOfr 

Directors   (see  board  of  directors) — 

appointment,    form    of 10850          67 

cannot  serve   as  teacher 10787          17 

guilty   of  misdemeanor,   when 10805          32 

how  and  by  whom  elected 10847          64 

how   elected    ' 10845         59- 

may  act  as  clerk,  when 10849         66 

oath  of— form   10848          65 

qualifications    of    10847          64 

Disorganization — 

of  city,   town  or  consolidated  districts 10870          81 

organization   forfeited,  when 10776  & 

District  clerk — 

certificate  to  be  filed  with 10787          17 

county   superintendent   shall   assist 10932        116 

director  may  act  as 10849          66 

duties    of    10853          70 

may  be  punished  for  neglect,  when 10802          31 

report  to  county  superintendent 10853          70- 

removal    of    10851          67 

selection    of    10849          65 

shall  keep  record  of  bonds 10779          11 

special  meeting,  notice  of 10799          28 

teacher   cannot   serve   as 10787          17 

term   of    .  10849          66 


Index.  163T 

District  clerk — Continued.                                                                                                 Section  Page 

to  certify  vote  on  tax  levy,  when 10796  26 

to  keep  records 10849,  66;  10853  70 

to  keep  record  of  destroyed  bonds 10781  12 

to  keep  record  special  meetings 10799  28 

to  notify  of  change   of  boundaries 10860  75 

to  post  notices 10777,   9  ;   10797,   27  ;   10798,   28  ;   16799,   28  ;  10855  71 

to  procure  record  books 10854  71 

to  record  copy  of  reports 10860  75 

to   record   plat    10860  75 

to  supply  teacher  with  copy  of  rules 10785 

to  warn  parents  or  guardians  of  nonattendance  of  children 10901  10S 

Districts — 

aided  by  state,  when 10846  6? 

become    disorganized,    when 10776  6 

bodies  corporate    10776  6- 

boundary,    change    of 10837  50 

cannot  be  formed,   divided  by  county  line 10842  5$ 

children's  right  to  attend  in  old  when  new  is  formed 10843  59 

eity    districts 10775  5 

classification   of    10775  5 

clerk,    duties    of 10853  70> 

clerk,  penalty  for  neglect  of  duty 10802  ^1 

clerk,    removal    of 10851  67 

clerk,   selection  of,   term,  etc 10849  66 

clerk   to  keep   records 10849  66 

clerk  to  notify  county  clerk  and  superintendent 10860  75 

clerk  to  post  notices 10855  71 

clerk  to  procure   record  books r.  10854  71 

clerk  to  record  copy  of  reports 10860  75 

clerk  to  record  plat  of 10860  75 

cemmon    school     10775  5. 

consolidated    10775  5> 

consolidated,   how  formed,  governed 10883  8& 

•  corporate   powers 10834  4* 

division  of  property  when  in  two  or  more  counties 10842  56 

division  to  form  new 10837  5fr 

first   meeting   in   new 10843  58 

forfeit   organization    of,    when 10776  6 

formation   of,    restrictions 10837  5(V 

government  and  control  of 10847  64 

indebtedness,   how   paid 10856  72" 

in   two  or  more  counties,   division  of 10842  56 

location   of  site  in  new 10845  59- 

may  be  attached  to  town,  city  or  consolidated 10842  56 

new,  building  fund,   on  Vhat  levied 10841  56 

new,  division  of  property 10839  55 

new,    formation    of 10837  50 

payment  of  indebtedness,  from  proper  fund 10856  72 

property    rights    waived 10839  55 

pupils  may  attend  in  other,  when 10785  15 

renumbering   of,    when,    how 10834  4-8 

renumbered,    rights   not   affected 10835  49 

residents  of   island   may   form 10837  50 

school   money,   loan   of   surplus 10862  76 

special    charter,    change    boundary 10838  54 

to   hold   and    sell   property 108-34  48 

town    districts     10775  5 

town  and  city,   length  of  term  in 10872  82; 


164  Index. 

Districts-Continued.  Section 

town,   city,   consolidated,    how   disorganized 10870 

town  or  city,  effects  of  extension  of 1 

town    or    city,   how    organized l 

town  or  city,  organization  of  in  two  districts 1 

town   or  city,   organization   of * 

union  of,   to  form  new l 

valuation  of  property  when  divided 10840 

Election — 

city,   town   and   consolidated   districts 10879 

districts   with    special    charter 10879 

notice    of    10-~98 

of    county    superintendent 1092 

to  erect   schoolhouse    10797 

to   increase   tax  levy 10796          26 

Enumeration — 

apportionment  school  funds  based  on ' 10822 

blind,  certified  by  clerk,  when 10790          20 

deaf  and  dumb,  certified   to  whom 10790   •      20 

lists  approved  by  county   superintendent 10932        116 

lists  to  be  furnished  teachers  by  district  clerk 10899        107 

.      not  taken  in  certain  cities,  when 10790         20 

penalty  for  false   information 10790          20 

when  and  by  whom  taken    10790          20 

who  should  be  listed -.. 10790         20 

Estimate — 

county   superintendent   to   approve 10932        116 

to  be  sent  to  county  clerk,  when 10791          22 

what    contain    10791          22 

Examination — 

by   State    Superintendent 10920        110 

complimentary    grades    forbidden 10948       126 

fees  to  be  used  for  county  association 10944       124 

for    county    certificates 10939        121 

grades  accepted  in  lieu   of 10947        126 

in    what    subjects 10939        121 

no  fee  for  state 10920       110 

Factory   inspection    law 1715        139 

Funds  (see,  also,  int.  fund,  sinking  fund)  — 

apportionment  of,  to  districts — to  counties 10822          39 

county,  by  whom  collected 10808          33 

county  court  to  collect  and  distribute 10810          34 

county  court  to  have  jurisdiction  of , 10810          34 

county   court   to   invest 10808          33 

county,   from  what  source  derived 10808          33 

county,   how   invested 10808          33 

county,  how  loaned,  Const.,  Art.  XI,  Sec;   10 153 

county,  how  loaned,  how  secured 10808          33 

county,   income,   how   applied , 1080-8          33 

county   officers   responsible  for,   when 10809          34 

county,  provided  for,  Const.,  Art.  XI,   Sec.   8 152 

district,   loan  of  surplus 10862          76 

for  building  additions,   how   secured 10777  8 

for  furnishing   schoolhouse,    how   obtained .  10777  8 


Index.  165 

Funds — Continued.                                                                                                           Section  Page 

for  purchasing  sites,   how  obtained 10777  9 

for  repairs,   how  secured 10777  9 

interest   must   be   provided 10778  11 

not  to  be  loaned  to  certain  persons 10809  34 

public,   apportionment  to   counties 10822  39 

public,    apportionment    to    districts 10822  39 

public,    withheld,    when 10794  24 

school,  distribution  of,  Const.,  Art.  XI,   Sec.   2 149 

sinking,    must   be   provided "....* 10778  11 

sinking,   provided  for,  Const.,  Art.  X,   Sec.   12 150 

State,    appropriation   of,   for   school   purposes,   Const.,   Art.   XI,    Sec.    6 152 

State,  how  invested,  Const.,  Art.  XI,   Sec.   9 152 

State,   provided   for,   Const.,   Art.   XI,   Sec.    6 152 

township,  capital  of,   how  invested 10815  35 

township,    care    of 10813  35 

township,    source    of 10812  34 

transfer  of  when  county  lines  are  changed 10814  35 

transfer   permissible    10857  73 

Furnishing  schoolhouses — 

funds  for    10777  9 

High  schools — • 

classification    of    10923  112 

establishment  in  city  and   town  districts 10869  81 

joint,    how    established 10852  68 

how    maintained    10852  68 

length  of  term 10852  68 

pupils  entitled  to  attend 10852  68 

inspection  by   State   Superintendent 10923  112 

list   of  classified  to   be   published • 10924  113 

May   be   reclassified,    when 10923  112 

work  accepted  for  entrance  to  State  schools 10923  112 

work  required  for  first  and  second  grade  certificates 10941  123 

Holidays- 
named   10800  30 

when  may  be   claimed 10800  30 

Indebtedness — 

bonded,  cities,  counties,  etc.,  may  be  funded 1249  146 

must  be  paid  out  of  proper  fund 10856  72 

not  to  exceed  5  per  cent  valuation,  Const.,  Art.  X,   Sec.   12 150 

not  to  exceed  revenue,  Const.,  Art.  X,  Sec.   12 150 

Indigent  pupils — 

books  may  be  furnished 10967  132 

Inspection  of  schools — 

by  State  Superintendent 10922,   111;   10924  113 

Institute    (see  colored  teachers'  institutes). 

iMterest — 

board    must    provide 10779  11 

board  to  make  provision  for 10783  13 

county   treasurer  to   collect 10811  34 

on    bonds   when    payable 10779  11 

warrants  not  to  bear 10'803  31 


1G3  Index. 

Library-  Section  Page 

board   created    18.4        138 

board  to  select,  classify  and  recommend  books.  . . » 

buildings    for    10777 

gifts   for    10885 

maintenance  of,   in  case  of  annexation 1 

power  to  establish  in  cities 10871 

school  boards   to   purchase  books 8186       138 


Liquor- 


sale    to    students. 


11132        148 


Loan — 

abstract  title  to  be  filed 1 

additional   security   may   be   required 10818 

cost  of  securities,  by  whom  paid 10817 

duplicate   receipts   to   be   given 10820 

for   erecting  house,   building  addition,   etc 10777 

for    furnishing    schoolhouse 10777 

form   of   ballot 10777 

form   of   mortgage  to  secure 10817 

form  of  ballot  for  voting 10777 

for   purchasing   site,    repairing   house 10777 

method   of  voting 10777 

notice   sale   mortgaged   property 10817 

of   district   school   funds ; 10862          76 

question   of,    how    decided 10777 

rate    cannot    exceed    legal 10778 

security    for 10816          35 

shall  not  be  for  longer  than  twenty  years 10778          11 

shall  not  exceed  five  per  cent,  etc 10778          11 

sinking   fund   provided 10778 

Meetings   (see,  also,  annual  meeting,  special  meeting)  — 

annual,    powers   of 10845 

annual,   when   and   where 10844  59 

calling  of,   to   form   district .  10836  49 

county  superintendent   to  hold   six 10933  117 

of  board  to  employ  teachers 10787  17 

special,    of    board 10787  17 

special,    school    10799  28 

when  district  in  two  counties 10842  56 

Misdemeanor — 

book  dealer   guilty   of,    when 10963  131 

director  guilty  of,   when 10805  32 

false    enumeration    10790  20 

for  using  other  than  adopted  books 10965  132 

granting  complimentary  grades  or  certificates 10948  126 

injuring   school   property 10802  31 

officers  guilty  of,   when 10811  34 

parents  guilty  of,  when 10786  17 

prosecutions,    how   brought 10905  108 

publisher  guilty  of,  when 10972  133 

school   officers  guilty  of,   when 10802  31 

teacher  guilty   of,   when 10805  32 

textbook    commission    10965  132 

Night  schools — 

boards   education   may   establish 10889        102 

buildings  may  be  leased  for .   10889        102 


Index.  167 

formal  diplomas,  certificates —                                                                                      Section  Page 

list  to  be   furnished 11073  147 

may  be  revoked,  how,  by  whom 11073  147 

Notices — 

of  sale   of  mortgaged  property 10817  36 

of    special    meeting 10799  28 

posted  when,   by   whom 10777  8 

to    increase   tax    10796  26 

to  teacher  against  whom  charges  are  made 10920  110 

to  vote  tax  for  building  purposes 10797  27 

Oath  of  office — 

county    superintendent    10931  116 

directors 10848  65 

State    Superintendent    10919  110 

Organization — 

forfeited,    how    10776  6 

of  city   and   town   districts 10864  77 

of    common    school    districts 10837  50 

of  new  common  school  districts 46 

of   consolidated    districts    10883  88 

of    unorganized    territory 10836  49 

Orphans — 

may   attend   school,    where 10785  15 

Parent  or  guardian — 

guilty   of   misdemeanor,    when 10786  17 

penalty  on,  for  failure  to  send  children 10901  108 

required  to  send  children  to  school 10896  105 

warning    to    10901  108 

Physiology  and  hygiene — 

instruction   in    10806  33 

Plat  of  district — 

clerk  required   to   file   copy 10860  75 

President  board  directors — 

must    sign    warrants 10857  73 

shall    sign    treasurer's   book 10856  72 

to   call    special    meetings 10787  17 

to   receive   traveling   expenses,   when 10856  72 

to   sign  contracts 10787  17 

Property — 

board  to  have  care  of 10784  14 

county  clerk  to  list  owners  of  personal 10825  42 

county   court  shall   resell,   when 10821  38 

court  may  appoint  agent  to  rent,  etc 10821  38 

court   may   purchase   mortgaged 10821  38 

'    division  of,   new   district 10839  55 

leased  or  rented  under  control   of. 10833  46 

penalty    for    injuring 10802  31 

rights    waived .  . '.  10839  55 

sale    of 10869  81 

sale   of   directed 10845  59 

sheriff  to  sell  mortgaged 10819  37 

title  of,   in  whom  vested 10833  46 

trespass    on    4615  145 

valuation,   when   divided 10839  55 


168  Index. 

Public  park  and  play  grounds—  Section  Page 

how   obtain   site 

regulation    of    10871  82 

withheld,    when    10794  24- 

Public  school  fund- 
Publisher   (see  textbook  commission)  — 

bond   of ' 10956  130 

guilty   of   misdemeanor,   when 10965  132 

liable    upon    bond 10957  130 

lists  of,  to  be  sent  county  superintendents 10958  130 

must  show  ownership  of  house 10970  133 

not  to   control   prices 10969  133 

penalty   for   bribery   by 10973  133 

penalty  for  selling  without  license 10972  133 

to  file  books  with  State  Superintendent 10954  129 

to  file  sworn  statements 10954  129= 

to   forfeit   contract,   when 10971  133 

to  furnish  list  and  sample  books 10659  130 

to  pay  filing  fees    10955  129 

to  preserve  standard  of  quality 10954  129 

to   reduce    prices,   when 10954  129 

Pupils — 

age   of   admission 21 

board   may   admit   nonresident 10785  15 

board  may  suspend  or  expel,  when 10785  15 

examination   and   graduation    of 10933  117 

entitled  to  free  tuition,  when 10785  15 

enumerated    10790  20 

examination   of,   by  physician 10786  17 

may  attend  in  other  districts,  when 10776  6- 

may  be   excluded  for  contagion 10786  17 

may  be  excused  from  attending,  when 10897  106 

nonresident,   how  admitted 10785  15 

sale  of  liquor  to 11132  148 

subject   to   medical   examination 10786  17 

who  may  attend  in  any  district 10785  15 

who  may  enter  high  school 10852  68 

work  of,  to  receive  credit 10923  112 

Qualifications  of — 

county    superintendent    10929  114 

director 10847  64 

member  textbook    commission 10951  127 

State    Superintendent    10919  110 

voter  at  school  meeting , 10847  64 

Regents,  board  of — • 

report    of   president 11078  14* 

Religious  assemblies —  • 

disturbance   of    47^3  ^45 

Repairs — 

funds  for,  how  secured <  10777  £ 

transfer   of  funds   for 10857  73 


Index.  169 

Reports —                                                                                                                                Section  Page 

county  clerk  to  State  Superintendent 10827  43 

county   treasurer  to  county   court 10859  75 

county  superintendent  to  district  clerk 10932  116 

county  superintendent  to  school  board 10932  116- 

county  superintendent   to   State   Superintendent 10935  118 

district  clerk  to  county  superintendent 10853  70 

secretary  board  to  State  Superintendent 10884  99 

State  board  to  Legislature 10978  138 

State   Superintendent  to   Legislature 10922  111 

teacher  to  county  superintendent 10935  118 

teacher  to   district  clerk 10861  75 

Revocation  of  certificates — 

by   county   superintendent 10945  125 

by   State    Superintendent 10920  110 

charges   for,   how  made 10945  125 

normal   diplomas 11073  14T 

Rules  and  regulations — 

become    effective,    when 10785  15- 

clerk  to  supply  teacher  with  copy 10785  15 

made   by    board • 10785  15 

part    of    contract,    when 10788  19* 

School   (see  schools)  — 

day,  week,   month,  year 10800  30 

delinquent  taxes,   how  collected 10829  44 

duty  of  board  to  visit 10789  20 

fund,  by  whom  apportionment  is  made 10822  39 

holidays 10800  30 

law,    how    distributed 10920  110 

loan,    how   effected 10777  8 

money,   application   of 10803  31 

property,   trespass   on 4615  145- 

site  cannot  be  abandoned,  when 10833  46 

site,    change   of 10845  59 

site   in  new   district 10845  59 

term,   length  of 10776  6 

term,  length  of,   how  determined 10845  59 

term,  length  of  town  and  cities 10872  82 

term,    length    required 10846  63 

term,  same  for  white  and  colored 10794  24 

School  day,  week,  month,  year — 

what    constitutes     10800  3.01 

Schoolhouse — 

additions    to 10777  9 

board  shall  not  allow  use  of,  when 10784  14 

board  to  keep  in  repair 10784  14 

board    to    rent,    when 10794  24 

funds  for   erecting    10777  8 

funds    for    furnishing 10777  8 

injury   of    4615  14& 

levy  for,   how  determined 10845  59 

may  be  used  for  other  purposes,  when 10784  14 

swept  at  expense  of  district 10784  14 

tax  may  be  voted  for 10797  27 

use   for  religious   purposes,   etc 10845  t.$ 

use  of  for  other  than  school  purposes 10784  14 


170  Index. 

Schools  (see  school)—                                                                                                      Section  Page 

classification   of    10775  5 

classification    of   high 10923  112 

church,  to  receive  no  State  aid,  Const.,  Art.  XI,  Sec.  11 153 

colored  children   cannot   attend  white 10793  24 

(see,  also,  Sec.  3,  Art.  XI,  Const.) 

control   of  joint,   where   vested 10794  24 

county  superintendent  has  supervision   over 10932  116 

expense   of  joint,    how   paid 10794  24 

high,    establishment    of 10869  81 

joint  high,  how  established,  etc 10852  68 

inspection   of    10922  111 

may  be  closed,  when,  how 10776  6 

night,   boards  may  establish 10889  102 

not  to  be  suspended,  when 10788  19 

public,  provided  for,   Const.,  Art.  XI,  Sec.  1 151 

separate  for  negro  children,  Const.,  Art.  XI,  Sec.  3 151 

sites,   how  selected 10792  23 

truant,    may   be    established 10980  107 

white   children   cannot   attend   colored 10793  24 

Schools  in  cities  and  towns   (see  city  and  town  schools  and  districts). 

School  site — 

additional  grounds  for,  how  obtained 10792  23 

board   may   condemn 10792  23 

boards  of  education  to  purchase 10888  102 

change  of,   how  made 10845  59 

funds  for,   how  obtained 10777  8 

how    selected 10792  23 

location  of  in  new  district 10845  59 

site  cannot  be  abandoned,  when 10833  46 

ttitle   to,   how   obtained 10792  23 

Seal — 

board  education  to  keep 10872  82 

Secretary  board  education — 

compensation  of 10868,    80  ;    10884  99 

term    begins,    when 10868  SO 

Sinking  fund — 

boards   education   to   loan 10887  101 

board  may  invest  or  loan,  when 10782  13 

board  must  provide 10778  11 

board  to  make  provision 10782  13 

may  be  invested,  when  and  how 10858  74 

provided  for,   Const.,  Art.   X,    Sec.    12 153 

Site,  schoolhouse   (see  school  site). 

Special  charters — 

how   surrendered 100 

Special  meetings — 

by    whom    called 10798  28 

called    by    board,    when 10799  28 

manner  of  holding 10799  28 

notice  to  be  given 10799  28 

president   to    call 10787  17 

power  of  limited 10799  28 

record  to  be  kept 10799  28 


Index.  171 

State  aid —                                                                                                                             Section  Page 

to    weak    districts 10846  63 

State  board  education — 

duty  as  to  State  school  fund 10976  137 

duty  in  relation  to   swamp  lands 10975  136 

how    composed    10974  136 

powers    and    duties 10974  136 

power   to   employ   attorney 10977  137 

provided   for,   Const.,   Art  XI,    Sec.   4 151 

shall   establish  institutes  colored  teachers 10946  125 

shall   outline   institute  work 10946  125 

State   Superintendent   president 10974  136 

to  make  report  to  General  Assembly 10978  138 

State  Superintendent — 

annual   report   of 10922  111 

apportionment  of  State  funds  by 10822  39 

bond  and  qualification  of 10919  110 

duties  and  powers  of 10920  110 

election   and   term   of 10918  110 

examination    of   teachers   by 10920  110 

inspection   of  high   schools  by 10922  111 

may  classify  high   schools 10923  112 

may  correct  error   in   apportionment 10823  41 

may   employ   chief   clerk 10921  110 

may    require    reports • 10920  110 

may    revoke    certificates 10920  110 

not  permitted  to  act  as   agent 10926  113 

president   State  board  of  education 10974  136 

school   visitation    by 10922  111 

to  advise  school  officers 10922  111 

to   call   convention  county  superintendents 10937  119 

to    furnish    blanks 10936  118 

to  furnish   list  publishers,  etc 10958  130 

to  prescribe  forms  for  blanks 10&25  113 

vacancy  in  office,  how  filled 10918  110 

Supervision,  county   (see  county  superintendent). 

Swamp  lands — 

duty  State  board  education 10975,  136;  10977  137 

Taxes   (see  funds)  — 

compensation  county  collector  for  collecting 10828  43 

county  clerk   to  'assess  building 10797  27 

county  clerk  to  assess,  when 10796  26 

delinquent,    how    collected 10829  44 

increase,    by  whom   voted 10796  26 

levy   for   schoolhouse    10845  59 

levy    increased,    how • 10796  26 

levy,    purposes,    limitations 10825  42 

may  be  increased  for  school  purposes 10796  26 

may  be  voted  for  building  purposes. 10797  27 

maximum  rate   (Const.,  Art.   X,   Sec.   11) 149 

proposition   to   increase   levy • 10796  26 

provision  for    (Const,  Art.  X,   Sec.  11) 149 

qualified  voters  may  vote 10797  27 

Teacher — 

board  cannot  dismiss 10788  19 

board  may  refuse  to  pay,  when 10788  19 


172  Index. 

Teacher— Continued.  Section  Page 

board  to  employ,  when 10^ 

cannot  serve  as  clerk 10<87 

director  cannot  serve  as 10787 

duty  to   attend  association 10934 

examination   of,   county 1 

guilty  of  misdemeanor,  when 10805,   32  ;   10965        132 

may  exclude  children  with  contagion,  when 10786 

not  to  be  paid,  when -   10804 

not  to  receive  salary,  when .-.10861,  75  ;   10935 

State  Superintendent  may  examine 10920        110 

to  be  furnished  with  enumeration  lists •  •  •    10899       102 

to   forfeit   salary,   when 10805 

to  have  legal  certificate 10804 

to  keep  daily  register 10807 

to  make  monthly  and  term  reports 10861 

to  make  term  report  to  county  superintendent 10935        118 

to    report    nonattendants 10899        102 

to    sign   contracts 10787          17 

warrants,  how  paid,  to  whom  paid 10803 

Teacher-training    

Term — 

length  of 10776,6;  10863  76 

length  of,  city  and  town  districts 10872  82 

length   of,    how   determined , 10845  59 

length   required    10846  63 

of  office,    county   superintendent 10929  114 

same  for  white  and  colored  children 10794  24 

Textbook  commission   (see  publisher)  — 

adopted  books  to  be  used  exclusively 10960  131 

Attorney-General    to   enter   proceedings,   when 10971  133 

books   for   indigent   children 10967  132 

cities  and   towns   exempt 10953  128 

dealer  to  sell  at  not  more  than  15  per  cent  profit 10963  131 

exchange  price  of  books 10964  132 

how   composed    10951  127 

ineligible,   who 40951  127 

meetings   of    10952  128 

penalty  for  using  other  than  adopted  books 10965  132 

president  of    10952  128 

quorum   • 10951  127 

remuneration 10952  128 

selection  of  books,  what  considered 10962  131 

supplementary  books  may  be  used 10966  132 

to   advertise   before   making   changes 10961  131 

to  enter  into  contract  for  five  years 10960  131 

to  make  adoptions  from  filed  list 10953  128 

traveling   expenses,    how   paid 10952  128 

vacancies,    how    filled 10951  127 

Textbooks — 

free    134 

Town  school  districts  (see  city  and  town  districts). 

Township  treasurer   (see  treasurer  and  county  treasurer)  — 

penalty  for  failure  to  make  settlement 10832  116 

settlement  of    10831  116 

to   be   responsible,    when 10777  8 

to   countersign    bonds .  10777  8 


Index.  173 

Transportation  of  pupils —                                                                                               Section  Page 

may  be  provided 10776  6 

may  be  provided 90 

"Treasurer   (see  county  treasurer,  township  treasurer)  — 

board  of  education,   collector  pays  money  to 10878  84 

board   of   education,    compensation 10884  99 

board   of   education,    compensation 10868  80 

liability   of    10874  83 

money   paid   to    10875  83 

settlement   of    10876  84 

county,    bond 10830  44 

compensation    of 10830  44 

duties    10830  44 

give  duplicate  receipts 10811  34 

settlement    of    " 10831  45 

statement   to  district  clerk 10831  45 

to   collect   interest 10811  34 

custodian    district   moneys 10873  83 

penalty  for  failure  to  make  settlement 10832  46 

suit   against,   how   brought 10873  83 

to   be    responsible,    when 10777  8 

town  or  city  district,  to  receive  money 10878  84 

township,    settlement    10831  45 

Truant  schools — 

boards    may   establish 10900  107 

Tuberculosis,  cause  and  prevention — 

instruction   in    10806  33 

Tuition- 
board  responsible  for,   when 10795  25 

how    collected     10795  25 

to  be  paid  by  nonresidents,  fixed  by  board 10785  15 

to  be  prorated,   when,   how 10795  •     25 

tuition  of  colored  children  to  be  paid,  when 10795  25 

who  entitled  to  free 10785  15 

'Unorganized  territory — 

attached  to  adjoining  districts,   how 10836  49 

incorporation   of,    how 10836  49 

Vacancy — 

board,  county  superintendent  may  fill,  when 10850  67 

board  directors,   how  filled 10845  59 

office,  county  superintendent,  how  filled , 10929  114 

office   State   Superintendent,   how  filled 10918  lid 

textbook    commission    10951  127 

Voters — 

qualified,   may  vote  building  tax 10797  27 

qualified,    who   are 10847  64 

petition    by    qualified 10799  28 

Warrants — 

form    of    10857  73 

must  be  on  proper  fund 10857  73 

no   partial  payments  on 10857  73 

not  to  bear  interest..                                                                                              .    10803  31 


174  Index. 

Warrants — Continued.                                                                                                         Section  Page 

not  to  be  paid,   when 10803  31 

paid  out  of  current  funds 10803  31 

teachers,    how    paid 10803  33 

teachers,  to  whom  paid 10803  31 

Week,  school   (see  school  day,  etc.) 

White  children — 

cannot  attend  colored  school 10793  24* 

separate    schools    for    10793  24* 


YC 


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